[Federal Register Volume 65, Number 161 (Friday, August 18, 2000)]
[Rules and Regulations]
[Pages 50446-50449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21039]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 3500

[WO-320-1990-01-24 A]
RIN 1004-AC49


Leasing of Solid Minerals Other Than Coal and Oil Shale

AGENCY: Bureau of Land Management, Interior.

ACTION: Direct final rule.

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SUMMARY: On April 28, the Mineral Leasing Act was effectively amended 
to change the acreage limits on a Bureau of Land Management (BLM) 
customer who leases public lands and minerals to produce sodium. The 
new law increased the maximum number of acres a person can lease in any 
one state from 15,360 acres in any one state to 30,720 acres. This rule 
revises the regulations of the BLM to reflect the new law.

DATES: This direct final rule is effective on October 17, 2000 without 
further notice, unless BLM receives adverse comment by September 18, 
2000. If adverse comment is received, BLM will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: You may mail comments to Bureau of Land Management, 
Administrative Record, Room 401 LS, 1849 C Street, NW, Washington, D.C. 
20240. You may also hand-deliver comments to BLM at Room 401, 1620 L 
Street, NW, Washington, D.C. For information about filing comments 
electronically, see the SUPPLEMENTARY

[[Page 50447]]

INFORMATION section under ``Electronic access and filing address.''

FOR FURTHER INFORMATION CONTACT: Philip Allard, (202) 452-5195, or 
Chris Fontecchio, (202) 452-5012.

SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures and Information
II. Background
III. Discussion of the Rule
IV. Procedural Matters

I. Public Comment Procedures

Electronic Access and Filing Address

    You may view an electronic version of this direct final rule at 
BLM's Internet home page: www.blm.gov. You may also comment via the 
Internet to: [email protected]. Please also include ``Attention: AC-
49'' 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.

Written Comments

    Written comments on the direct final rule should be specific, 
should be confined to issues pertinent to the rule, and should explain 
the reason for any recommended change. Where possible, comments should 
reference the specific section or paragraph of the rule which the 
commenter is addressing. BLM may not necessarily consider or include in 
the Administrative Record 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). Comments, including 
names, street addresses, and other contact information of respondents, 
will be available for public review at BLM's offices at 1620 L Street, 
NW., Washington, DC, during regular business hours (7:45 a.m. to 4:15 
p.m.), Monday through Friday, except Federal holidays. Individual 
respondents may request confidentiality. If you wish to request that 
BLM consider withholding your name, street address, and other contact 
information (such as: Internet address, FAX or phone number) from 
public review or from disclosure under the Freedom of Information Act, 
you must state this prominently at the beginning of your comment. BLM 
will honor requests for confidentiality on a case-by-case basis to the 
extent allowed by law. BLM will make available for public inspection in 
their entirety all submissions from organizations or businesses, and 
from individuals identifying themselves as representatives or officials 
of organizations or businesses.

II. Background

    On April 13, 2000, the United States Senate passed H.R. 3063, which 
was then signed into law by the President on April 28, 2000, as Public 
Law 106-191. This law amended the Mineral Leasing Act to increase the 
maximum acreage of Federal sodium leases that a person can lease in any 
one state from 15,360 acres to 30,720, in cases where BLM finds it is 
necessary to facilitate an economical mine. The acreage limit for 
sodium leases in all other cases remains 5,120 acres. According to the 
bill, existing leases for sodium (or trona) in southwestern Wyoming 
cover the largest deposits anywhere on public lands, and the acreage 
limitations are causing difficulty for three of the four major 
producers operating there. As Congress points out, the present acreage 
limitation of 15,360 acres has been in place since 1948, while acreage 
limits for other minerals have more recently been increased to much 
larger limits. For example, the single-state lease acreage limit for 
coal is 46,080 acres; 96,000 acres for potassium; and 246,080 acres for 
oil and gas.
    Congress found that the increase in acreage to 30,720 is warranted 
by modern mine technology, changes in industry economics, greater 
global competition, and the need to conserve the Federal resource. 
Increased acreage limits will help existing sodium lessees avoid 
premature closure, make better long-term business decisions about 
infrastructure investments based on the potential for more available 
acreage, and otherwise maintain the vitality of the domestic sodium 
industry.
    The primary product of trona mining is soda ash (sodium carbonate), 
a basic industrial chemical that is used for glass-making and a variety 
of consumer products, including baking soda, detergents, and 
pharmaceuticals.

III. Discussion of the Rule

    The regulations governing solid mineral leasing for minerals other 
than coal or oil shale were substantially revised on October 1, 1999 
(64 FR 53536). This action was taken to comply with President Clinton's 
government-wide regulatory reform initiative to eliminate unnecessary 
regulations, and streamline and rewrite necessary regulations in plain 
English. Under the previous rule each solid mineral commodity had its 
own separate regulations, much of which was repeated in each set of 
regulations. The new rule combined these solid minerals regulations 
into one set of regulations, streamlined, updated and re-written in 
plain English, and clarified the responsibilities of interested 
parties.
    The new rule includes a chart at 43 CFR 3503.37 which displays all 
the acreage limitations for solid mineral leases, including the maximum 
acreage allowed under a single lease, the maximum acreage a person can 
lease in a single state, and the maximum acreage held by one person 
nationwide. Section 3503.38 explains how BLM calculates your acreage to 
see if it is within the limits. The limits themselves are generally set 
by statute, particularly by the Mineral Leasing Act.
    The passing of Public Law 106-191 means this chart is no longer 
accurate. It presently reads that the state acreage limit for sodium is 
5,120 acres, which may be increased to 15,360 acres in order to 
facilitate an economic mine. As discussed above, Congress has set the 
allowable limit at 30,720 acres.
    If this rule is adopted, the chart would be revised to show that 
the state acreage limit for sodium is still 5,120 acres, but it may be 
increased to 30,720 to facilitate an economic mine. Where a lessee 
raises economic concerns, BLM could allow them to hold 30,720 acres. 
The current rule sets that limit at 15,360 acres where the lessee 
raises economic concerns.
    We believe this change accurately captures the intent of Public Law 
106-191. Congress has not declared that all operators must be allowed 
to increase their state holdings to 30,720. Rather, Congress said that 
where circumstances mean an operator cannot run an economically viable 
sodium operation on 5,120 acres of Federal leases in a single state, 
BLM may lease up to 30,720 acres to a single lessee to facilitate an 
economic mine. Retaining the general limit at 5,120 acres (as opposed 
to the maximum 30,720 acres) is required by law; Public Law 106-191 
only amended the expandable limit in the case of economic concerns. 
Absent that concern, the limit is still set by law at 5,120 acres. See 
30 U.S.C. 184(b)(1).
    This rule is a direct final rule. This means, if BLM does not 
receive any substantive, adverse comments by September 18, 2000, the 
rule will become effective as a final rule on October 17, 2000 . 
However, if BLM receives any adverse comments expressing substantive 
concerns, we will publish a timely withdrawal in the Federal Register 
informing the public that the rule will not take effect, and we will 
issue a new proposal with a further comment period.
    The Administrative Procedure Act (5 U.S.C. 551 et seq.), which 
governs how Federal agencies promulgate regulations, exempts certain 
regulations

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from the required notice and comment for ``good cause'' (5 U.S.C. 553). 
Many agencies find that, for noncontroversial rules, the public 
interest in efficiency satisfies the ``good cause'' exemption. To that 
end, the former Administrative Conference of the United States (ACUS) 
encouraged direct final rules as a fair method for making Federal 
rulemaking actions simpler and more efficient. In situations where an 
agency does not expect public concern, the agency can shorten the 
rulemaking process by issuing a rule that will be final unless a 
negative comment is received during a set period following publication. 
Thus, if the agency is wrong and there is public concern over the 
proposed action, the agency can then go through the more thorough 
process of proposing a rule and seeking public input. For more 
information, see ACUS Recommendation 95-4, Procedures for 
Noncontroversial and Expedited Rulemaking, published in the Federal 
Register at 60 FR 43108 (Aug. 18, 1995).
    We have chosen the direct final rule approach because Public Law 
106-191 requires us to consider allowing persons to lease greater acres 
for sodium in a single state, and it is important to our customers that 
our regulations accurately reflect the law. Thus, we do not expect any 
opposition to this rule. As discussed above, Congress has already 
increased the acreage limitation, and BLM is already bound by law to 
consider leasing larger acreage to address the economic concerns in 
southwestern Wyoming and elsewhere. The direct final rule format is 
simply a more efficient way to accomplish this purpose.

IV. Procedural Matters

National Environmental Policy Act

    BLM has prepared an environmental assessment (EA) and has found 
that this direct final rule would not constitute a major Federal action 
significantly affecting the quality of the human environment under 
section 102(2)(C) of the Environmental Protection Act of 1969 (NEPA), 
42 U.S.C. 4332(2)(C). As discussed above, this rule would implement a 
change that has already been made by Congress. Therefore, a detailed 
statement under NEPA is not required. We have placed the EA and the 
Finding of No Significant Impact (FONSI) on file in our Administrative 
Record at the address specified in the ADDRESSES section. The public 
may review these documents, and anyone wishing to submit comments in 
response to the EA and FONSI may do so in accordance with the Written 
Comments section above.

Executive Order 12866, Regulatory Planning and Review

    This direct final rule is not a significant regulatory action and 
is not subject to review by Office of Management and Budget under 
Executive Order 12866. Because this rule only changes our regulations 
to accurately reflect what the law already requires BLM to do, this 
rule itself will not have an effect of $100 million or more on the 
economy. It will not adversely affect in a material way the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities. This 
rule will not create any inconsistency or otherwise interfere with an 
action taken or planned by another agency. This rule does not alter the 
budgetary effects of entitlements, grants, user fees, or loan programs 
or the right or obligations of their recipients; nor does it raise 
novel legal or policy issues.

Clarity of the Regulations

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. We invite your comments on how 
to make this rule easier to understand, including answers to questions 
such as the following:
    (1) Are the requirements in the rule clearly stated?
    (2) Does the rule contain technical language or jargon that 
interferes with its clarity?
    (3) Does the format of the rule (grouping and order of sections, 
use of headings, paragraphing, etc.) aid or reduce its clarity?
    (4) Would the rule be easier to understand if it were divided into 
more (but shorter) sections? (A ``section'' appears in bold type and is 
preceded by the symbol ``Sec. '' and a numbered heading.)
    (5) Is the description of the rule in the SUPPLEMENTARY INFORMATION 
section of this preamble helpful in understanding the rule? How could 
this description be more helpful in making the rule easier to 
understand? Please send any comments you have on the clarity of the 
regulations to the address specified in the ADDRESSES section.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act (RFA) of 1980, as 
amended, 5 U.S.C. 601-612, 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. This rule, as described above, 
merely implements a statutory change to the existing regulations which 
apply to leasing Federal sodium resources, and thus the rule change 
itself will not have a significant impact on any small entities. 
Rather, it is the legislation which affects these entities. The 
legislation affects all small entities active in leasing sodium from 
the Federal government. Those approximately 25 entities currently 
holding a Federal sodium lease and who qualify as individuals or small 
businesses may be affected by the legislation. However, this rule makes 
no substantive change beyond what Congress has already enacted. 
Therefore, BLM has determined under the RFA that this direct final rule 
would not have a significant economic impact on a substantial number of 
small entities.

Small Business Regulatory Enforcement Fairness Act

    This direct final rule is not a ``major rule'' as defined at 5 
U.S.C. 804(2). This rule merely implements a change to the state 
acreage limits that has been amended by Congress. This rule is limited 
to making BLM's regulations consistent with the law.

Unfunded Mandates Reform Act

    This direct final rule does not impose an unfunded mandate on 
State, local, or tribal governments or the private sector of more than 
$100 million per year; nor does this direct final rule have a 
significant or unique effect on State, local, or tribal governments or 
the private sector. As discussed above, this rule merely changes BLM's 
sodium leasing regulations to comply with the new law. Therefore, BLM 
is not required to prepare a statement containing the information 
required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.)

Executive Order 12630, Governmental Actions and Interference With 
Constitutionally Protected Property Rights (Takings)

    This rule does not represent a government action capable of 
interfering with constitutionally protected property rights. The rule 
is limited to changes which reflect Congress's amendment to the acreage 
a person can lease for sodium in any one state. Therefore, the 
Department of the Interior has determined that the rule would not cause 
a taking of private property or require further discussion of takings

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implications under this Executive Order.

Executive Order 13132, Federalism

    This 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 the various 
levels of government. The rule is limited to changes which reflect 
Congress's amendment to the state acreage limits for sodium leases. 
Therefore, in accordance with Executive Order 13132, BLM has determined 
that this rule does not have sufficient Federalism implications to 
warrant preparation of a Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the Office of the Solicitor has 
determined that this rule would not unduly burden the judicial system 
and that it meets the requirements of sections 3(a) and 3(b)(2) of the 
Order.

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. 3501 et seq.

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 evaluated possible 
effects on Federally recognized Indian tribes and have determined that 
there are no effects on the tribes. Since this rule does not propose 
significant changes to BLM policy and does not specifically involve 
Indian reservation lands, we have determined that the government-to-
government relationships should remain unaffected.

Author

    The principal authors of this rule are Christopher Fontecchio of 
the Regulatory Affairs Group and Philip Allard of the Solid Minerals 
Group, Bureau of Land Management, Washington, DC.

List of Subjects in 43 CFR Part 3500

    Bonds, Government contracts, Mineral royalties, Public lands-
mineral resources, Reporting and recordkeeping requirements.

    Accordingly, BLM is amending 43 CFR part 3500 as set forth below.
    1. The authority citation for part 3500 continues to read as 
follows:

    Authority: 5 U.S.C. 552; 30 U.S.C. 189 and 192c; 43 U.S.C. 1733 
and 1740; and sec. 402, Reorganization Plan No. 3 of 1946 (5 U.S.C. 
app.).

    2. Revise paragraph (b) in the table in Sec. 3503.37 to read as 
follows:


Sec. 3503.37  Is there a limit to the acreage of lands I can hold under 
permits and leases?

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                                                                   Maximum acreage of       Maximum acreage in
              Commodity                 Maximum acreage for a    permits and leases in      permits and leases
                                           permit or lease           any one state              nationwide
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*                  *                  *                  *                  *                  *
                                                        *
(b)Sodium............................  2,560 acres............  5,120 acres (may be      None.
                                                                 increased to 30,720
                                                                 acres to facilitate an
                                                                 economic mine).
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    Dated: August 3, 2000.
Sylvia V. Baca,
Assistant Secretary, Land and Minerals Management.
[FR Doc. 00-21039 Filed 8-17-00; 8:45 am]
BILLING CODE 4310-94-P