[Federal Register Volume 64, Number 166 (Friday, August 27, 1999)]
[Rules and Regulations]
[Pages 47018-47022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21910]


      

[[Page 47017]]

_______________________________________________________________________

Part III





Department of the Interior





_______________________________________________________________________



Bureau of Land Management



_______________________________________________________________________



43 CFR Part 3730 et al.



Location, Recording, and Maintenance of Mining Claims or Sites; Interim 
Final Rule



43 CFR Part 3730 et al.



Locating, Recording, and Maintaining Mining Claims or Sites; and 
Extension of Currently Approved Information Collection, OMB Approval 
Number 1004-0114; Proposed Rule

  Federal Register / Vol. 64, No. 166 / Friday, August 27, 1999 / Rules 
and Regulations  

[[Page 47018]]



DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Parts 3730, 3820, 3830, and 3850

[WO-620-1430-00-24 1A]
RIN 1004-AD31


Location, Recording, and Maintenance of Mining Claims or Sites

AGENCY: Bureau of Land Management, Interior.

ACTION: Interim final rule.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Land Management (BLM) is promulgating this rule 
to amend regulations on locating, recording, and maintaining mining 
claims or sites. In this rule, BLM amends the regulations to respond to 
a recent law that continues to require claimants to pay location and 
maintenance fees on unpatented mining claims or sites and to provide 
annual maintenance fee waivers to small miners until September 30, 
2001. BLM collected these fees and provided for waivers under the 
existing regulations based on a previous law that expired on September 
30, 1998. The new law--
    Moves the annual payment and waiver filing deadline from August 31 
to September 1 to coincide with the beginning of the assessment year;
    Allows time to cure a small miner waiver application defect; and
    Allows maintenance fee payment after the payment deadline instead 
of forfeiting a claim or site in an incurable waiver.
    The interim final rule is necessary to implement and publicize the 
changes made by Congress. Elsewhere in this issue of the Federal 
Register appears a proposed rule that makes these changes and also 
reorganizes and simplifies the regulations on locating and maintaining 
mining claims and sites.

DATES: The interim final rule is effective August 27, 1999. If you wish 
to comment on the interim final rule, you should submit your comments 
by October 26, 1999. In developing a final rule, BLM may not consider 
comments postmarked or received in person or by electronic mail after 
this date.

ADDRESSES: You may mail comments to Bureau of Land Management, 
Administrative Record, Room 401 LS, 1849 C Street, NW, Washington, DC 
20240. You may also hand-deliver comments to BLM at Room 401, 1620 L 
Street, NW, Washington, DC. For information about filing comments 
electronically, see the SUPPLEMENTARY INFORMATION section under PUBLIC 
COMMENT PROCEDURES and ``Electronic access and filing address.''

FOR FURTHER INFORMATION CONTACT: Roger Haskins in the Solid Minerals 
Group at (202) 452-0355 or Ted Hudson in Regulatory Affairs at (202) 
452-5042. For assistance in reaching the above contacts, individuals 
who use a telecommunications device for the deaf (TDD) may call the 
Federal Information Relay Service at 1-(800) 877-8339, 24 hours a day, 
7 days a week.

SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Discussion of Interim Final Rule
IV. Procedural Matters

I. Public Comment Procedures

General Comment Procedures

    Comments on the interim final 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, your comments 
should refer to the specific section or paragraph of the interim final 
rule that you are addressing. BLM may not necessarily consider or 
include in the Administrative Record for the final rule comments that 
BLM receives after the close of the comment period (see DATES.) or 
comments delivered to an address other than those listed above (see 
ADDRESSES.).
    BLM will make your comments, including your name and address, 
available for public review at the ``L Street'' address listed in 
ADDRESSES above during regular business hours (7:45 a.m. to 4:15 p.m., 
Monday through Friday, except Federal holidays). BLM will also post all 
comments on its home page (http://www.blm.gov) at the end of the 
comment period.
    Under certain conditions, BLM can keep your personal information 
confidential. You must prominently state your request for 
confidentiality at the beginning of your comment. BLM will consider 
withholding your name, street address, and other identifying 
information on a case-by-case basis to the extent allowed by law. BLM 
will make available to the public all submissions from organizations 
and businesses and from individuals identifying themselves as 
representatives or officials of organizations or businesses.

Electronic Access and Filing Address

    You may view an electronic version of this interim final rule at 
BLM's Internet home page: www.blm.gov. You may also comment via the 
Internet to: WOC[email protected]. Please also include ``Attention: AD31'' 
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, contact us directly at (202) 452-5030.

Comments on Rule Format

    We also welcome your comments on how we could make this interim 
final rule easier to understand, including answers to the following 
questions:
     Are the requirements clearly stated?
     Does it contain unclear technical language or jargon?
     Does the format aid or reduce its clarity?
     Would it be easier to understand if it were divided into 
more sections?
     Is the description in the ``supplementary information'' 
section helpful?
    Please send format comments to the Office of Regulatory Affairs, 
Department of the Interior, Room 7229, 1849 C St., NW, Washington, DC 
20240, or e-mail them to E[email protected].

II. Background

    We explain the role of BLM in administering the mining law, the 
regulatory context for this rule, and the types of claims and sites 
that you may locate (legally establish) on public lands, in a related 
proposed rule appearing elsewhere in this issue of the Federal 
Register.
    Since 1992, Congress has passed three short-term laws requiring 
claimants to pay various fees when locating, recording, and maintaining 
mining claims or sites on public lands. As the collector of the fees, 
BLM has implemented each of these laws by amending its regulations. 
This rule implements the third of these short-term laws--the Interior 
and Related Agencies Appropriation Act for Fiscal Year 1999 (the FY99 
Act) (section (e) of Pub. L. 105-277, 112 Stat. 2681-232, 2681-235, 30 
U.S.C. 28f-28k), enacted on October 21, 1998. Before that, on August 
10, 1993, Congress enacted Pub. L. 103-66, 107 Stat. 405, 30 U.S.C. 
28f-k, which required claimants to pay a $25 one-time location fee and 
a $100 annual maintenance fee per claim or site, and added qualifiers 
for small miner waivers. To implement the 1993 Act, BLM published a 
rule amending 43 CFR parts 3730, 3821, 3833, and 3850 on August 30, 
1994, at 59 FR 44857. The 1993 Act expired on September 30, 1998. The 
FY99 Act renewed and modified somewhat the provisions of the 1993 Act.
    Earlier, on October 5, 1992, Congress enacted Pub. L. 102-381, 106 
Stat. 1374, 1378-1379, which required claimants to

[[Page 47019]]

pay mining claim rental fees of $100 per claim or site and provided 
exemptions for claimants with approved notices or plans of operations 
for actual exploration work or mineral production. To implement this 
Act, BLM published a rule amending 43 CFR parts 3730, 3821, 3833, and 
3850 on July 15, 1993, at 58 FR 38197. The Act expired on September 30, 
1994, and was superseded by the 1993 Act.
    The successive statutes also changed some of the pertinent 
terminology: Rental fees in the 1992 Act became maintenance fees in the 
1993 Act, and exemptions became waivers.

III. Discussion of Interim Final Rule

Why the Rule Is Being Published on an Interim Final Basis

    BLM is adopting this interim final rule solely to implement the 
requirements of the Interior and Related Agencies Appropriation Act for 
Fiscal Year 1999 (the FY99 Act), section (e) of Pub. L. 105-277, 112 
Stat. 2681-232, 2681-235, 30 U.S.C. 28f-28k, enacted by Congress on 
October 21, 1998. We are not making any other changes in this rule.
    The Department of the Interior for good cause finds under 5 U.S.C. 
553(b)(3)(B) that notice and public procedure for this rule are 
unnecessary and that this rule may properly take effect upon 
publication. The reasons are as follows:
     This rule merely codifies procedural changes required by 
Congress;
     There is insufficient time for a public comment period and 
preparation of a final rule before the time when the procedural 
requirements must be in place. This rule affects payments that are due 
to BLM by September 1, 1999.
     Publishing the regulations in final form gives the public 
extra time to get accustomed to the new procedures and deadlines before 
their implementation on September 1, 1999.
     On this same date, we are publishing a proposed rule with 
a 60-day comment period reorganizing the mining law regulations 
relating to location and maintenance of mining claims. That proposed 
rule also includes the same regulatory changes included here. If 
comments on the proposed rule reveal the need for changes in the 
regulation text, we will make the changes when finalizing the proposed 
rule.

    Nevertheless, this interim final rule also includes opportunity for 
public comment. Comments raising urgent concerns about this rule may 
cause us to make changes in a separate final rule before the more 
comprehensive rulemaking effort also initiated today is completed.
    We also determine under 5 U.S.C. 553(d) that there is good cause to 
place the rule into effect on the date of publication. First, the 
matters addressed in the rule are required by statute. Second, the 
payments this rule affects are due to BLM by September 1, 1999. 
Therefore, the public needs certainty in advance of that date to make 
its payments properly.

Changes Made by the FY99 Act in BLM's Current Requirements

    The FY99 Act does not change the requirements for all claimants to 
pay a one-time $25 location fee and a $100 annual maintenance fee, or 
the provision for small miner and other waivers. BLM had collected 
these fees and waivers under the Interior and Related Agencies 
Appropriations Act for Fiscal Year 1994 (Pub. L. 103-66; 107 Stat. 
405), which expired on September 30, 1998. The FY99 Act extends BLM's 
authority from October 1, 1998, to September 30, 2001. This rule 
reflects this extension.
    The Act makes two important changes. First, it moves the annual 
payment deadline from August 31 to September 1, which is the first day 
of the assessment year.
    Second, the FY99 Act gives claimants more time to cure defective 
small miner waiver applications. Under existing BLM practice, if you, 
as a claimant, filed a waiver application on time but received 
notification that the waiver was defective, you had 30 days after the 
notification date to cure the defect, if it was curable. You also had 
the option of paying the maintenance fee instead of curing the defect 
as long as the payment deadline had not passed. If the payment deadline 
had passed and you failed to cure the defect within 30 days, you 
forfeited the claims or sites. Since waiver applications and 
maintenance fees are both due on the same date, claimants rarely had 
the option of paying the maintenance fee instead of curing the defect. 
Therefore, if the defect was incurable, you generally forfeited the 
claims or sites.
    Under the FY99 Act, you have 60 days instead of 30 days after 
receiving written notification from BLM to cure a defective small miner 
waiver application. The FY99 Act also gives you the option to pay the 
maintenance fee instead of curing the defect during this 60-day period, 
regardless of whether the payment deadline has passed.

Organization of the Interim Final Rule

    This interim final rule amends the existing regulations. It 
contains only the specific amendments required by the FY99 Act. Except 
for new Sec. 3833.4-1, which includes the new provision on curing 
defects in waiver requests, all of the amendments appear as line-by-
line edits. While this presentation may be somewhat harder to follow, 
especially if you do not have a current Code of Federal Regulations 
containing the existing regulations being amended, we have chosen this 
method to make it clear that we are not making changes beyond those 
called for by Congress in the FY99 Act.
    The only changes we have made in these line-by-line edits are--
     Changes in citations and authorities to reflect the new 
statute;
     Changes in filing deadlines from August 31 to September 1; 
and
     Changes in the expiration date of the regulations from 
1998 to 2001.

In new Sec. 3833.4-1 you will find the only new provisions required by 
the FY99 Act. The FY99 Act gives you 60 days instead of 30 days to cure 
defective small miner waiver applications if BLM receives them by the 
payment deadline. The FY99 Act also gives you the same 60 days to pay 
the maintenance fee if the defective small miner waiver application is 
incurable. Section 3833.4-1 is added to implement these changes.

V. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    In accordance with the criteria in Executive Order 12866, BLM has 
determined that this rule is not a significant regulatory action. The 
Office of Management and Budget (OMB) makes the final determination 
under Executive Order 12866.
     The rule will not have an annual effect on the economy of 
$100 million or more or adversely affect in a material way the economy, 
a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities. These changes do not significantly change 
the substance of current mining claim administration within BLM. The 
annual revenue received from the collection of the congressionally 
mandated oil shale, maintenance, and location fees has averaged $32 
million since August of 1993. This rule will not change the fee amounts 
and thus will not have a significant impact on fees collected.
     This rule will not create inconsistencies with other 
agencies'

[[Page 47020]]

actions. It does not change the relationships of BLM to other agencies 
and their actions.
     This rule will not materially affect entitlements, grants, 
loan programs, or the rights and obligations of their recipients. The 
rule does not address any of these programs.
     This rule will not raise novel legal or policy issues 
because it makes no major substantive changes in the regulations. The 
Constitutionality of the rental and maintenance fees has been 
challenged in the Federal Courts. The Courts have consistently upheld 
the 1992 and 1993 Acts and their implementing regulations.

Regulatory Flexibility Act

    We certify that this rule will not have a significant economic 
effect on a substantial number of small entities as defined under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) The rule will not 
have an impact because the fees paid by small entities will not change. 
Deadlines for paying them and complying with other regulatory 
requirements are relaxed somewhat. A final Regulatory Flexibility 
Analysis is not required, and a Small Entity Compliance Guide is not 
required.
    For the purposes of this section a ``small entity'' is an 
individual, limited partnership, or small company, at ``arm's length'' 
from the control of any parent companies, with fewer than 500 employees 
or less than $5 million in revenue. This definition accords with Small 
Business Administration regulations at 13 CFR 121.201.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
     Does not have an annual effect on the economy of $100 
million or more. As explained in section 1 above, the revised 
regulations will not materially alter current BLM policy or the fees 
paid by mining claimants.
     Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. The changes implemented by this rule 
are likely to leave all other economic aspects of BLM unaffected.
     Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.):
     This rule will not ``significantly or uniquely'' affect 
small governments. A Small Government Agency Plan is unnecessary.
     This rule will not produce a Federal mandate of $100 
million or greater in any year. It is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act. The changes 
implemented in this rule do not require anything of any non-Federal 
governmental entity.

Executive Order 12630, Takings

    In accordance with Executive Order 12630, the rule does not have 
takings implications. A takings implication assessment is not required. 
This rule does not substantially change BLM policy. Nothing in this 
rule constitutes a taking. The Federal Courts have heard a number of 
suits challenging the imposition of the rental and maintenance fees as 
a taking of a right, or, alternatively, as an unconstitutional tax. The 
Courts have upheld the 1992 and 1993 Acts and the BLM rules as a proper 
exercise of Congressional and Executive authorities.

Executive Order 12612, Federalism

    In accordance with Executive Order 12612, BLM finds that the rule 
does not have significant Federalism effects. A Federalism assessment 
is not required. This rule does not change the role or responsibilities 
between Federal, State, and local governmental entities, nor does it 
relate to the structure and role of States or have direct, substantive, 
or significant effects on States.

Executive Order 12988, Civil Justice Reform

    In accordance with Executive Order 12988, BLM finds that the rule 
does not unduly burden the judicial system and therefore meets the 
requirements of sections 3(a) and 3(b)(2) of the Order. BLM consulted 
with the Department of the Interior's Office of the Solicitor 
throughout the drafting process.

Paperwork Reduction Act

    The Office of Management and Budget has approved the information 
collection requirements in the interim final rule under the Paperwork 
Reduction Act of 1995, 44 U.S.C. 3501 et seq., and has assigned 
clearance number 1004-0114.
    This rule does not require a new information collection approval 
under the Paperwork Reduction Act. However, the existing OMB approval 
of the information collection under ICB 1004-0114 expires in September 
1999. Therefore, BLM is applying for renewal of the approval at this 
time, using a proposed rule published elsewhere in this issue of the 
Federal Register as an opportunity to notify the public.

National Environmental Policy Act

    We have analyzed this rule in accordance with the criteria of the 
National Environmental Policy Act and 318 DM 2.2(g) and 6.3(D). Since 
no substantial changes are proposed, this rule does not constitute a 
major Federal action significantly affecting the quality of the human 
environment.
    Because this rule does not substantially change BLM's overall 
management objectives or environmental compliance requirements, it 
would have no impact on, or only marginally affect, the following 
critical elements of the human environment as defined in Appendix 5 of 
the BLM National Environmental Policy Act Handbook (H-1790-1): Air 
quality, areas of critical environmental concern, cultural resources, 
Native American religious concerns, threatened or endangered species, 
hazardous or solid waste, water quality, prime and unique farmlands, 
wetlands, riparian zones, wild and scenic rivers, environmental 
justice, and wilderness.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951) and 512 DM 2, we have considered the impact 
of this rule on the interests of Tribal governments. Because this rule 
does not specifically involve Indian reservation lands, government-to-
government relationships will remain unaffected.
    The principal author of this interim final rule is Ted Hudson in 
the Regulatory Affairs Group, assisted by Roger Haskins in the Solid 
Minerals Group, Washington Office, BLM.

List of Subjects

43 CFR Part 3730

    Administrative practice and procedure; Mines; Public lands-mineral 
resources; Reporting and record keeping requirements; Surety bonds.

43 CFR Part 3820

    Mines; Monuments and memorials; National forests; National parks; 
Public lands-mineral resources; Reporting and record keeping 
requirements; Surety bonds; Wilderness areas.

[[Page 47021]]

43 CFR Part 3830

    Maintenance fees; Mines; Public lands--mineral resources; Reporting 
and record keeping requirements.

43 CFR Part 3850

    Mines; Public lands-mineral resources.
    For the reasons stated in the preamble, and under the authority of 
section (e) of the Act of October 21, 1998 (P.L. 105-277; 112 Stat. 
2681-232, 2681-235); sections 441 and 2478 of the Revised Statutes, as 
amended (43 U.S.C. 1201 and 1457); section 2319 of the Revised 
Statutes, as amended (30 U.S.C. 22); sections 310 and 314 of the 
Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 
1740 and 1744); and the Act of April 16, 1993 (43 U.S.C. 299(b)); parts 
3730, 3810, 3820, 3830, 3840, and 3850, Groups 3700 and 3800, 
Subchapter C, Chapter II of Title 43 of the Code of Federal Regulations 
are amended on an interim basis as follows:

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

    1. Revise the authority citation for part 3730 to read as follows:

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

    2. Amend section 3730.0-9 by revising the last sentence of 
paragraph (a) to read as follows:


Sec. 3730.0-9  Information collection.

    (a) * * * A response is required to obtain a benefit in accordance 
with the Act of August 11, 1955 (30 U.S.C. 621-625), section 314 of the 
Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 
1744), and 30 U.S.C. 28f-28k, as amended by the Act of October 21, 1998 
(112 Stat. 2681-232, 2682-235).
* * * * *

PART 3820--AREAS SUBJECT TO SPECIAL MINING LAWS

    3. The authority citation for part 3820 continues to read as 
follows:
    Authority: 30 U.S.C. 22 et seq.; 43 U.S.C. 1201 and 1740.

Subpart 3821--O and C Lands

    4. Revise section 3821.0-3 to read as follows:


Sec. 3821.0-3  Authority.

    The authorities for the regulations in this subpart are the Act of 
April 8, 1948 (62 Stat. 162); Section 314 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1744); and 30 U.S.C. 28f-28k, as 
amended by the Act of October 21, 1998 (112 Stat. 2681-232, 2681-235).

PART 3830--LOCATION OF MINING CLAIMS

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

    Authority: 30 U.S.C. 22, 28, and 28f-k; 43 U.S.C. 299 and 1201; 
31 U.S.C. 9701; 16 U.S.C. 1901, 1907; 43 U.S.C. 1740 and 1744; 30 
U.S.C. 242; 50 U.S.C. Appendix 565; 112 Stat. 2861-235.


Sec. 3833.0-3  [Amended]

    6. Amend Sec. 3833.0-3 as follows:
    a. Remove from the first sentence of paragraph (a) the phrase ``the 
Act of August 10, 1993 (30 U.S.C. 28f-k, 107 Stat. 405),'' and add in 
its place the phrase ``30 U.S.C. 28f-k, as amended by the Act of 
October 21, 1988 (112 Stat. 2681-235),''
    b. Remove from the first sentence of paragraph (e) the phrase 
``Sections 10101-10106 of the Act of August 10, 1993 (Pub. L. 103-66, 
107 Stat. 405) require'', and add in its place the phrase ``The Act of 
October 21, 1998 (112 Stat. 2681-232, 2681-235, 30 U.S.C. 28f-28k) 
requires'; and
    c. Remove from the third sentence of paragraph (e) the phrase ``the 
Act of August 10, 1993,'' and add in its place the phrase ``30 U.S.C. 
28f.''


Sec. 3833.0-5  [Amended]

    7. Amend Sec. 3833.0-5 as follows:
    a. Remove from the second sentence of paragraph (o) the phrases 
``December 30, 1999,'' and ``the Act of August 10, 1993,'' and add in 
their places, respectively, the phrases ``December 30, 2002,'' and 
``the Act of October 21, 1998,''
    b. Remove from the first sentence of paragraph (v) the phrase ``the 
Act of August 10, 1993 (Pub. L. 103-66, 107 Stat. 312)'' and add in its 
place the phrase ``30 U.S.C. 28f, as amended by the Act of October 21, 
1998 (112 Stat. 2681-235)'';
    c. Remove from the second sentence of paragraph (v) the phrase 
``September 29, 1998'' and add in its place the phrase ``September 29, 
2001'';
    d. Remove from the first sentence of paragraph (w) the phrases 
``the Act of August 10, 1993,'' and ``September 30, 1998'', and add in 
their places, respectively, the phrases ``30 U.S.C. 28g, as amended by 
the Act of October 21, 1998,'' and ``September 30, 2001''; and
    e. Remove from the first sentence of paragraph (y) the phrase ``the 
Act of August 10, 1993,'' and add in its place the phrase ``30 U.S.C. 
28g, as amended by the Act of October 21, 1998.''


Sec. 3833.0-9  [Amended]

    8. Amend Sec. 3833.0-9 by removing from the last sentence of 
paragraph (a) the phrase ``the Act of April 16, 1993 (Public Law 103-
23, 107 Stat. 60), and the Act of August 10, 1993 (Public Law 103-66, 
30 U.S.C. 28f-k, 107 Stat. 405)'' and adding in its place the phrase 
``43 U.S.C. 299, and 30 U.S.C. 28f-k, as amended by the Act of October 
21, 1998 (112 Stat. 2681-235).''


Sec. 3833.1-3  [Amended]

    9. Amend Sec. 3833.1-3 by removing from each place it appears in 
paragraph (c)(2) the phrase ``August 31'' and adding in its place the 
phrase ``September 1.''


Sec. 3833.1-4  [Amended]

    10. Amend Sec. 3833.1-4 by removing from paragraph (b) the phrase 
``September 30, 1998'' and adding in its place the phrase ``September 
30, 2001.''
    11. Amend Sec. 3833.1-5 as follows:
    a. Remove from the last sentence of the introductory text the 
phrases ``the Act of August 10, 1993,'' and ``September 1, 1999'' and 
add in their places, respectively, the phrases ``30 U.S.C. 28f'' and 
``September 1, 2002,''
    b. Remove from each place it appears in paragraph (a)(1) the 
phrases ``an August 31'' and ``August 31,'' and add in place thereof 
the phrase ``September 1,''
    c. Remove from the first sentence of paragraph (b) the phrases 
``the Act of August 10, 1993'' and ``August 31'' and add in their 
places, respectively, the phrases ``30 U.S.C. 28f'' and ``September 
1'';
    d. Revise the second sentence of paragraph (b) to read as set forth 
below; and
    e. Remove from paragraph (e) the phrase ``December 31'' and add in 
its place the phrase ``December 30.''


Sec. 3833.1-5  Maintenance Fees.

* * * * *
    (b) * * * The payments are due on each September 1 through 
September 1, 2001. * * *
    12. Amend Sec. 3833.1-6 as follows:


Sec. 3833.1-6  [Amended]

    a. Remove from the section heading the phrase ``Act of August 10, 
1993'' and add in its place the phrase ``30 U.S.C. 28f'', and remove 
from the section heading the phrase ``'applicable from 12 o'clock noon 
on September 1, 1993, until 12 o'clock noon September 1, 1999'';
    b. Remove from the first sentence of paragraph (a)(1) the phrase 
``August 31'' and add in its place the phrase ``September 1'';

[[Page 47022]]

    c. Remove from the second sentence of paragraph (b) the phrase 
``August 31'' and add in its place the phrase ``September 1'';
    d. Remove from paragraph (d)(2) the phrase ``August 31 immediately 
preceding'' and add in its place the phrase ``September 1 at the 
beginning of''; and
    e. Remove from the third sentence of paragraph (e) the phrase 
``August 31'' and add in its place the phrase ``September 1.''


Sec. 3833.1-7  [Amended]

    13. Amend Sec. 3833.1-7 as follows:
    a. In paragraph (d) remove the first sentence, and remove from the 
second sentence the phrases ``August 31'' and ``August 31, 1998'', and 
add in their places, respectively, the phrases ``September 1'' and 
``September 1, 2002'', and remove the word ``thereafter''; and
    b. In paragraph (d)(3) remove the phrase ``August 31'' and add in 
its place the phrase ``September 1.''


Sec. 3833.2-3  [Amended]

    14. Amend Sec. 3833.2-3 as follows:
    a. Remove from the section heading the phrase ``the Act of August 
10, 1993'' and add in its place ``the Act of October 21, 1998'';
    b. Remove from paragraph (d) the phrases ``Act of August 10, 
1993,'' ``September 1, 1999,'' and ``December 30, 2000,'' and add in 
their places, respectively, the phrases ``30 U.S.C. 28f,'' ``September 
1, 2002,'' and ``December 30, 2003''; and
    c. Remove from paragraph (e) the phrases ``September 1, 1998,'' 
``September 29, 1998,'' and ``September 1, 1999'', and add in their 
places, respectively, the phrases ``September 1, 2001,'' ``September 
29, 2001,'' and ``September 1, 2002.''


Sec. 3833.4  [Amended]

    15. Amend Sec. 3833.4 by removing from paragraph (a)(1) the phrase 
``August 31'' and add in its place the phrase ``September 1.''
    16. Add Sec. 3833.4-1 to read as follows:


Sec. 3833.4-1  Curing defective waivers.

    (a) If BLM finds a defect in a waiver request, BLM will send a 
notice to the claimant by certified mail--return receipt requested, to 
the address given on the waiver request.
    (b) The claimant must cure the defective waiver or pay the annual 
maintenance fees within 60 days of receiving BLM notification of the 
defects. Otherwise the claims covered by the defective waiver are 
forfeited.

PART 3850--ASSESSMENT WORK

    17. The authority citation for part 3850 continues to read as 
follows:

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

Subpart 3851--Assessment Work: General

    17. Amend Sec. 3851.3 by removing from the first sentence of 
paragraph (c) the phrase ``Act of August 10, 1993'' and add in its 
place the phrase ``30 U.S.C. 28f.''

    Dated: July 26, 1999.
Sylvia V. Baca,
Acting Assistant Secretary of the Interior.
[FR Doc. 99-21910 Filed 8-25-99; 8:45 am]
BILLING CODE 4310-84-P