[Federal Register Volume 68, Number 206 (Friday, October 24, 2003)]
[Rules and Regulations]
[Pages 61046-61081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26673]



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Part II





Department of the Interior





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Bureau of Land Management



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43 CFR Parts 3710, 3730, et al.



Locating, Recording, and Maintaining Mining Claims or Sites; Final Rule

  Federal Register / Vol. 68, No. 206 / Friday, October 24, 2003 / 
Rules and Regulations  

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Parts 3710, 3730, 3810, 3820, 3830-3840, and 3850

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


Locating, Recording, and Maintaining Mining Claims or Sites

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rule.

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SUMMARY: The Bureau of Land Management (BLM) is publishing this rule to 
streamline the regulations on locating, filing, and maintaining mining 
claims or sites by consolidating provisions that were scattered in 
various portions of Groups 3700 and 3800 into ten consecutive parts 
placing the provisions in logical order, clarifying conflicting 
language, eliminating duplication, and removing obsolete provisions. 
These revisions are part of BLM's overall effort to rewrite regulations 
in plain language to make them easier for the public to use and 
understand and to provide better customer service.

DATES: This final rule is effective November 24, 2003.

FOR FURTHER INFORMATION CONTACT: Roger Haskins in the Solid Minerals 
Group at (202) 452-0355 or Ted Hudson in the Regulatory Affairs Group 
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 at any 
time.

SUPPLEMENTARY INFORMATION:

I. Background

    BLM has primary responsibility for the administration of mining 
claims and sites on Federal lands. At the end of fiscal year (FY) 2002, 
there were 198,029 mining claims and sites maintained on the Federal 
lands. During FY 2002, claimants recorded 15,407 new mining claims and 
sites. In addition, BLM processed 6,249 waiver documents containing 
21,334 mining claims and sites and processed 174,845 annual maintenance 
fee transactions. BLM also collected a total of $19,410,375 in location 
and maintenance fees. BLM pays these collected fees into a special 
fund, and Congress appropriates the money to BLM to pay for the 
personnel and operations of the Mining Law Administration program, 
which includes, among other things--
    [sbull] Recording and adjudicating mining claims and sites located 
on the public lands,
    [sbull] Processing patent applications, plans of operations and 
notices,
    [sbull] Inspecting operations, and
    [sbull] generally enforcing the regulations.

A. Mining Claims or Sites

    A mining claim, which can be either lode or placer, may be located 
on Federal land and must contain a valuable mineral deposit. In 
contrast, a mill site may be located on nonmineral land and must be 
used to support a lode or placer mining claim operation or support 
itself independent of a particular claim. A tunnel site contains a 
tunnel to a lode mine or is used to discover previously unknown lode 
mineral deposits.

B. Current Regulations

How Are Current Regulations Organized?
    Regulations on locating, recording, and maintaining mining claims 
or sites are currently scattered throughout 43 CFR Groups 3700 and 
3800. BLM and the General Land Office (GLO), BLM's predecessor agency, 
created them piece by piece since 1939, when the first Code of Federal 
Regulations (CFR) was issued. Past practice of BLM and GLO was to 
create a new subpart in the CFR if Congress amended the General Mining 
Law or passed new laws affecting mining claims or sites. For this 
reason, the regulations that this final rule replaces were disjointed 
and contained conflicting, obsolete, expired, and duplicative 
information. This rule is BLM's first attempt to consolidate, clarify, 
and eliminate duplications in these regulations.
What Other Regulations Are Related to This Rule?
    This rule concerns the location, recording, and maintenance of 
mining claims and associated mineral rights on the Federal lands of the 
United States that are subject to the General Mining Law. In order to 
obtain permission to occupy or disturb the surface or subsurface of 
your mining claims or sites, you must follow the Surface Management 
regulations of the surface management agency.
    [sbull] For BLM-administered lands, you must follow 43 CFR 3715, 
3802, 3809, or 3814 as applicable.
    [sbull] On National Forest lands, you must follow 36 CFR part 228.
    [sbull] On National Park System lands, you must follow 36 CFR parts 
6 and 9.
    [sbull] In addition, most States require you to obtain mining and 
reclamation permits before beginning surface disturbing operations on 
Federal lands.
    To apply for a mineral patent for your mining claim or mill site, 
you must follow the regulations at 43 CFR parts 3860 and 3870. However, 
due to a Congressional budget moratorium in effect since October 1, 
1994, BLM will not accept any new mineral patent applications unless 
and until Congress removes the moratorium.
What Previously Proposed Rules Relate to This Rule?
    Since 1992, Congress has passed four short-term laws requiring 
claimants to pay various fees when locating, recording, and maintaining 
mining claims or sites. As the designated fee collector, BLM has 
implemented each of these laws by amending its regulations. An 
administrative final rule dated June 3, 2002 (67 FR 38203) implemented 
the fourth of these short-term laws--the Interior and Related Agencies 
Appropriation Act of November 5, 2001, for Fiscal Year 2001 (the Act) 
(Title I of Pub. L. 107-63, 115 Stat. 414; 30 U.S.C. 28-28k) by 
continuing to require claimants to pay location and maintenance fees on 
unpatented mining claims or sites and to make annual maintenance fee 
waivers available to small miners until September 30, 2003. BLM 
collected these fees and provided for waivers under the existing 
regulations based on a previous law that expired on September 30, 2001. 
To implement the earlier Acts, BLM published rules amending 43 CFR 
parts 3730, 3821, 3833, and 3850 at 59 FR 44857 and 64 FR 47201. This 
final rule retains the changes made in the June 2002 administrative 
final rule.
Statutory History
    Originally, all commercially valuable minerals were locatable under 
the General Mining Law. Congress has, over time, added minerals to or 
removed them from the General Mining Law through amendments and the 
enactment of laws such as the Mineral Leasing Act, the Geothermal Steam 
Act, and the Surface Resources Act. As a result, whether minerals are 
locatable is defined by the intersection of these statutes with the 
General Mining Law. The Federal Land Policy and Management Act (FLPMA) 
affects location, recording, and maintenance of mining claims or sites 
through its broad directive to the Secretary of the Interior to manage 
all public lands. In addition, Congress requires special procedures for 
locating or maintaining claims or sites that fall under the 
Stockraising

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Homestead Act, the Mining Claim Rights Restoration Act, or the Energy 
Policy Act.
1. The Federal Land Policy and Management Act
    The Federal Land Policy and Management Act of 1976 (FLPMA) requires 
the Secretary to manage all public lands under broad-ranging authority. 
This Act resulted from Congress completely overhauling the entire 
public land management system of the United States. Relevant sections 
in FLPMA:
    [sbull] Require recording and maintenance of all mining claims or 
sites with BLM or they are forfeited (section 314, 43 U.S.C. 1744);
    [sbull] Make knowing disregard or circumvention of any regulation 
issued under the authority of FLPMA a Federal criminal offense (section 
303, 43 U.S.C. 1733).
2. The General Mining Law
How Do I Locate Minerals Under the General Mining Laws?
    The General Mining Laws, as amended, which generally comprise 
chapters 2, 11, 12, 12A, 15, 16, and 20, and section 161 of title 30 of 
the United States Code, are the primary statutes governing disposition 
of minerals on Federal lands by location. Locating claims or sites has 
four elements:

[sbull] Discovering a valuable mineral deposit (for claims)
[sbull] Locating mining claims or sites
[sbull] Recording mining claims or sites
[sbull] Maintaining mining claims or sites

    Claimants who comply with these four elements gain a right of 
possession to the deposit and a right to extract and develop the 
minerals. This right includes the use of the surface for exploration, 
mineral development, mineral extraction, and uses reasonably incident 
to exploration, extraction, and development. This right is a real 
property interest and may be bought, sold, transferred, leased, rented, 
devised, or inherited. The United States retains ownership and title to 
the land, even while a claimant is developing the mineral deposit. On 
lands where the United States is not the owner of the surface estate, 
which is the situation on Stockraising Homestead Act and Taylor Grazing 
Act lands, the surface owner retains title to the surface of the land 
and BLM administers the mineral estate reserved to the United States.
3. Mineral Leasing Act
    The Mineral Leasing Act allows you to lease the Federal lands for 
development of certain types of mineral. The Mineral Leasing Act made 
several minerals that were once locatable and are now not available 
under the General Mining Law leasable after February 25, 1920, 
including:

[sbull] Oil and gas
[sbull] Coal
[sbull] Potassium, sodium, and phosphate
[sbull] Oil shale, tar sands, native asphalt, solid and semisolid 
bitumen
[sbull] Oil recovered from oil sands after the deposit is mined or 
quarried
[sbull] Sulphur in Louisiana and New Mexico that belongs to the United 
States

These minerals are administered under 43 CFR Groups 3100, 3200, 3400, 
and 3500.
4. Mineral Materials Act and Surface Resources Act
    The Mineral Materials Act and the Surface Resources Act govern 
sales of mineral materials on Federal land. These mineral materials 
include petrified wood and common variety mineral materials. Common 
variety mineral materials were locatable until July 23, 1955, when the 
Surface Resources Act (30 U.S.C. 611-615) made all deposits of common 
varieties of sand, stone, gravel, pumice, pumicite, cinders, and clay 
salable and therefore no longer locatable. Uncommon varieties of 
mineral materials, which have distinct and special value, are still 
locatable under the General Mining Law. BLM administers mineral 
materials under 43 CFR part 3600.
5. Stockraising Homestead Act and the Homestead Act
    Claimants must follow additional procedures when seeking to locate 
mining claims or sites on lands patented under the Stockraising 
Homestead Act (SRHA) of 1916 (43 U.S.C. 291-299) or, in some instances, 
the Homestead Act of 1862, as amended (43 U.S.C. 161-284). The United 
States owns only the mineral estate in these lands.
    Under the Homestead Act, the United States granted land patents (or 
title) to homesteaders who wanted to enter and cultivate the land. 
However, in some situations, particularly in the arid West, some land 
was not suitable for traditional crop farming. The SRHA allowed 
homesteaders to use the land for grazing, instead of traditional 
farming. For those who already had an application (entry) under the 
Homestead Act but could not meet the cultivation and irrigation 
requirements, the SRHA permitted conversion of the Homestead entry into 
an SRHA entry. The Government issued these converted patents under the 
Homestead Act. However, unlike other Homestead Act patents that granted 
title to both the surface and mineral estates, the converted entries 
and patents conveyed title to the surface estate only and reserved the 
mineral estate to the United States under the SRHA.
    Thus, certain lands that appear to have been patented under the 
authority of the Homestead Act after December 29, 1916, were patented 
under the SRHA with a Federal mineral estate reservation. You may 
locate mining claims or tunnel sites (but not mill sites) on these 
reserved mineral estates under certain conditions. Congress enacted 
amendments to the Stockraising Homestead Act in 1993 that impose 
notification requirements on mining claimants other than the surface 
owner who wants to enter Stockraising Homestead Act lands to explore 
for minerals and locate mining claims. Act of April 16, 1993; Pub. L. 
103-23; 43 U.S.C. 299(b); 43 CFR part 3838.
6. Energy Policy Act
    The Energy Policy Act (30 U.S.C. 242) no longer requires assessment 
work for oil shale placer claims, and instead requires payment of an 
annual $550 fee for most oil shale claims, and also requires an annual 
filing of a notice of intent to hold. In cases where $550 is due, the 
claimant is not required to pay an additional maintenance fee.
7. Federal Oil and Gas Royalty Management Act
    The Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 
188(f)) provides that a mining claimant may seek to convert an oil 
placer mining claim that was validly located before February 24, 1920, 
to a non-competitive oil and gas lease as of the date the claimant 
fails to comply with section 314 of FLPMA and the mining claim is 
deemed abandoned and void. The claimant's failure must be inadvertent, 
justifiable, or not due to lack of reasonable diligence on the part of 
the claimant.
8. State Laws
    Most states have passed their own laws about mining claim location, 
recording, and annual maintenance as authorized by the General Mining 
Law. In addition to following Federal regulations, each claimant must 
follow all applicable state law requirements not in conflict with these 
rules.

II. Discussion of Public Comments

A. General Discussion

    We received 103 documents commenting on the proposed rule published 
August 27, 1999 (64 FR

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47023). These consisted of post cards, e-mail, regular mail, and legal 
briefs. Several duplicates were received, as several persons sent us 
both an e-mail and followed up with a paper copy by regular mail. In 
terms of source, 62 documents were submitted by individuals, 13 by 
businesses, 11 by industrial or trade associations, 15 by environmental 
groups, and 2 by agencies of the Federal Government. Most documents had 
more than one comment or suggestion concerning these regulations. We 
will address the general comments here. Those that are specific to a 
particular part or section will be discussed under the heading for the 
appropriate part or section further below.
Legislative Repeal
    Nine comments suggested we repeal the General Mining Law of 1872. 
Laws may not be changed by rulemaking, but only by Act of Congress. 
Therefore we cannot act upon this suggestion.
Waste on Mill Sites
    Many comments requested that we not allow the dumping of mining 
``waste'' on the public land upon mill sites. This is for the most part 
an operational issue that is regulated by BLM under 43 CFR subparts 
3715 and 3809 and not under these regulations, which only cover 
locating, recording, and maintaining mining claims and sites. 
Nevertheless, we have addressed this concern by requiring claimants to 
locate only that amount of mill site acreage that is necessary to be 
used or occupied for efficient and reasonably compact mining or milling 
operations.
Mill Site Opinion
    The Solicitor's Opinion of November 12, 1997, concerning the 
allowable amount of mill site acreage per mining claim location 
received 49 adverse comments, as did part 3832.32, in which we proposed 
to implement the 1997 Opinion's conclusions. Deputy Solicitor Roderick 
E. Walston issued a new opinion on October 7, 2003, that supercedes the 
1997 Opinion. We discuss this further in the section-by-section 
analysis below.
Scope, Form and Intent of This Final Rule
    This rule is intended to:
    (1) Consolidate in one series of parts (parts 3830--3839) all rules 
and regulations concerning the location, holding, maintenance, 
transfer, amendment, and recording of mining claims and sites that are 
currently scattered in various parts of Groups 3700 and 3800;
    (2) Remove all obsolete and expired provisions that have 
legislatively sunset or that courts have rendered ineffective;
    (3) Place into regulation the long standing case law elements of 
the Department that affect the items in (2) above; and
    (4) Complete the consolidation in plain language for ease of 
understanding by our customers and the BLM staff.
``Revising the Mining Law by Regulation''
    Several comments objected to BLM placing longstanding 
administrative practice and rules established by case law into this 
regulation and declared that this was essentially an attempt to revise 
the law administratively to suit our purposes. BLM's position is that 
by placing these longstanding administrative practices and judicial 
holdings into these regulations, we are clarifying the applicable 
requirements for our customers and our own personnel, thereby reducing 
misunderstanding. We have modified the language in some sections from 
the proposed rule so that they more closely match the language and 
intent of applicable case law. For example, to define uncommon 
varieties of mineral materials, we rely on the court's decision in 
McClarty v. Secretary of the Interior, 408 F.2d 907 (9th Cir. 1969).

B. Section-by-Section Analysis

    This section-by-section analysis will briefly outline how the final 
regulations are organized and highlight any substantive changes. We 
will also discuss comments we received addressing each section and our 
responses.
    The chart below provides a map of the final numbering changes to 
help guide you through the new consolidated part. The column on the 
left shows the section numbers in this rule, and the column on the 
right shows the sections in the old regulations from which the 
provisions are derived, or states that they are new. Sections ending in 
``0'' are generally introductory sections leading into a series of 
related substantive sections, and may not have equivalent sections 
shown in the Existing Regulations column. Also, the final regulations 
have more numbered parts, which did not have part equivalents in the 
existing regulations. The table, modified from the table published in 
the proposed rule of August 27, 1999 (64 FR 47023), shows both the 
``cross walk'' of existing CFR sections and parts into the new part 
3830 and the new language development for some of those proposed 
sections.

------------------------------------------------------------------------
         Final regulations                   Existing regulations
------------------------------------------------------------------------
                                Part 3830
------------------------------------------------------------------------
3830.1.............................  New; 3833.0-1
3830.2.............................  New; 3833.0-1;
3830.3.............................  New; 3832
3830.5.............................  New; 3833.0-5
3830.8.............................  3833.0-9
3830.9.............................  3833.5(g)
3830.10
3830.11............................  3812.1
3830.12............................  New; 3711.1; 3811.1; 3812.1
3830.20
3830.21............................  New; 3833.1-1; 3833.1-4; 3833.1-5;
                                      3852.2
3830.22............................  3833.1-1
3830.23............................  3833.1-3(a); 3833.1-4(f)-(g)
3830.24............................  3833.1-3(a); 3833.0-5(m); 3833.1-
                                      4(f)-(g)
3830.25............................  3833.1-3(a); 3833.1-4(a)-(b)
3830.90
3830.91............................  New; 3833.4(a)-(b)
3830.92............................  3833.4(f)
3830.93............................  New; 3833.4(b)
3830.94............................  New; 3833.4(b); 3833.4(c);
                                      3833.5(d); 3833.5(f)
3830.95............................  New; 3833.1-3(b); 3833.4(a)
3830.96............................  3833.1-3(b); 3833.4(b)
3830.97............................  3833.1-2(c)(3)
3830.100...........................  3833.5(h)
------------------------------------
                                Part 3832
------------------------------------------------------------------------
3832.1.............................  New; 3831.1
3832.10                              ...................................
3832.11............................  3831.1; 3833.1-2(b); 3841.4-4;
                                      3841.4-5; 3841.4-6
3832.12............................  3833.1-2(a)-(b); 3842.1-1 through
                                      3842.1-5; 3841.4
3832.20                              ...................................
3832.21............................  3812.1; 3841.3; 3841.4; 3842.2;
                                      3842.4
3832.22............................  3841.4-1; 3841.4-2; 3842.1-2
3832.30                              ...................................
3832.31............................  New; 3844
3832.32............................  New; 3844
3832.33............................  New; 3844
3832.34............................  New; 3844
3832.40
3832.41............................  New; 3843
3832.42............................  3843
3832.43............................  3843
3832.44............................  3843.1
3832.45............................  New; 3843
3832.90
3832.91............................  New; 3833.0-5(p) & (r)
------------------------------------
                                Part 3833
------------------------------------------------------------------------
3833.1.............................  New; 3833.4(a); 3833.4(d);
                                      3833.5(a)-(c) & (e)
3833.10
3833.11............................  3833.1-2(a); 3833.1-2(b)(1)-(4);
                                      3833.5(c)
3833.20                              ...................................
3833.21............................  New; 3833.0-5(p)
3833.22............................  New; 3833.0-5(p)
3833.30
3833.31............................  3833.3
3833.32............................  New; 3833.3(c)
3833.33............................  3833.3(a); 3842.1-1
3833.90                              ...................................
3833.91............................  New; 3833.4(a); 3833.5(a) & (f);
                                      3811.1

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3833.92............................  New; 3833.4(c); 3833.5(d)
------------------------------------
                                Part 3834
------------------------------------------------------------------------
3834.10                              ...................................
3834.11............................  3833.1-5(b) & (e); 3833.1-4(b)
3834.12............................  3833.1-5(a), (b), & (e)
3834.13............................  3833.1-5(c)
3834.14............................  New; 3833.1-5(a) & (d); 3833.1-6
3834.20                              ...................................
3834.21............................  3833.1-5(h)
3834.22............................  3833.1-5(h)(1)
3834.23............................  New; 3833.1-5(h)(2)
------------------------------------
                                Part 3835
------------------------------------------------------------------------
3835.1.............................  New; 3833.1-5 & 3833.1-6
3835.10............................  3833.1-6; 3833.1-7
3835.11............................  New; 3833.1-7(d)-(e); 3833.1-6(b) &
                                      (d)
3835.12............................  New
3835.13............................  3833.1-6(a)-(f); 3851.5; 3851.6(a)-
                                      (b);
3835.14............................  New; 3833.1-6; 3833.1-7(d); 3833.2-
                                      5; 3833.2-6; 3851.1(b)
3835.15............................  New; 3833.1-7(d); 3833.2-5; 3833.2-
                                      6; 3851.1(b)
3835.16............................  New; 3833.1-6(b); 3833.2-2(c);
                                      3851.1; 3851.3
3835.17............................  New; 3833.1-6(d); 3833.1-7; 3833.2
3835.17............................  3833.2-1
3835.20............................  New; 3833.1-5(g)
3835.30                              ...................................
3835.31............................  New; 3833.0-5(n); 3833.2-3(c);
                                      3851.1
3835.32............................  3833.2-4
3835.33............................  3833.2-5;
3835.90                              ...................................
3835.91............................  3833.2-3(a) and (b); 3833.4(a)
3835.92............................  3833.4(a)
3835.93............................  New; 3833.4-1
------------------------------------
                                Part 3836
------------------------------------------------------------------------
3836.10                              ...................................
3836.11............................  3851.1(b)-(c)
3836.12............................  New; 3851.1
3836.13............................  3851.2
3836.14............................  New; 3851.2
3836.15............................  3833.4(a); 3851.3
3836.20............................  New; 3852.5
3836.21............................  3852.1; 3833.1-6(d)
3836.22............................  3852.1; 3833.1-6(d); 3833.2-1
3836.23............................  3852.2; 3852.3
3836.24............................  3852.3
3836.25............................  3833.1-6(e); 3852.5
3836.26............................  3852.4
3836.27............................  3852.5
------------------------------------
                                Part 3837
------------------------------------------------------------------------
3837.10                              ...................................
3837.11............................  3851.4(a) and (d)
3837.20                              ...................................
3837.21............................  New; 3851.4(b)
3837.22............................  3851.4(a)
3837.23............................  New; 3851.4(b)
3837.24............................  New; 3851.4
3837.30............................  New
------------------------------------
                                Part 3838
------------------------------------------------------------------------
3838.1.............................  New
3838.2.............................  New
3838.3.............................  New
3838.10                              ...................................
3838.11............................  New; 3833.0-3(g); 3833.1-2(c)&(d)
3838.12............................  New; 3833.1-2(c)-(d)
3838.13............................  New; 3833.1-2(c)-(d)
3838.14............................  3833.0-3(g); 3833.1-2(c)
3838.15............................  3833.0-3(g); 3833.1-2(c)
3838.16............................  3833.1-2(d)(6)
3838.90                              ...................................
3838.91............................  New; 3833.4(a)
------------------------------------------------------------------------

Part 3710--Public Law 167; Act of July 23, 1955

Subpart 3711--Common Varieties

    In the proposed rule, the contents of this section were shown in 
the ``crosswalk table'' as being moved to new part 3830, section 
3830.12. However, in the proposed rule, we inadvertently neglected to 
remove the old subpart 3711 from the text of the regulations. Since we 
have moved all of the substantive material defining uncommon varieties 
of mineral materials to the proposed and final section 3830.12, we are 
removing the heading of subpart 3711 in this final rule as redundant.

Part 3730--Public Law 359; Mining in Powersite Withdrawals: General

    We amended cross references in section 3734.1 to reflect the 
reorganization of part 3830. No public comments addressed this part.

Part 3810--Lands and Minerals Subject to Location

Subpart 3812--Minerals Under the Mining Law

    In the proposed rule, we removed this subpart describing minerals 
that are subject to location. You will find this information in section 
3830.11 ``Which minerals are locatable under the mining law?'' in the 
final rule. A number of comments addressed this subject, but they were 
directed at new section 3830.12. We will address them under that 
heading.

Part 3820--Areas Subject to Special Mining Laws

Subpart 3821--O and C Lands

    We amended cross references in sections 3821.2 and 3821.3 to 
reflect the reorganization of part 3830. No comments addressed this 
subpart.

Part 3830--Locating, Recording, and Maintaining Mining Claims or Sites; 
General Provisions

    Sections 3830.1 through 3830.94 of this final rule contain 
provisions that generally apply to all the regulations in parts 3830 
through 3839. You should refer back to these sections on general 
policies and procedures when you follow regulations in the subsequent 
parts.
    Sections 3830.1, 3830.2, and 3830.3 outline the purpose, scope, and 
authority for this part. Section 3830.5 contains definitions that are 
important to understand in this series of parts. Section 3830.8 
discusses information collection requirements. Section 3830.9 describes 
the penalties for submitting a document to BLM that you know contains 
false, erroneous, or fictitious information or statements.
    Section 3830.11 and 3830.12 describe which minerals are locatable 
under the mining law and subject to these regulations.
    Sections 3830.20 through 3830.25 explain payment procedures for 
various fees and service charges required in part 3830. Section 3830.21 
contains a table describing the fees and service charges and when they 
are due. Section 3830.22 describes when BLM will refund fees you have 
paid. Section 3830.23 explains the forms of payment BLM will accept. 
Section 3830.24 tells you how you can get your payments to BLM. Section 
3830.25 explains when you should pay for a new location.
    Sections 3830.91 through 3830.96 describe what happens if you fail 
to comply with the regulations, the types of defects that may affect 
claims and sites, and the procedures you must follow if you want to 
cure defects. Section 3830.97 describes appeal procedures and includes 
cross references to other regulations, including appeals regulations 
found in parts 4 and 1840 of this title, that state procedures for 
appealing to the Interior Board of Land Appeals.
    In addition to this general section on defects, most parts also 
contain sections xxxx.90 through xxxx.9x, which identify the types of 
common errors that are specific to that part, and tell you whether you 
can correct them and how to do so.

Subpart A--Introduction

Section 3830.1 What Is The Purpose of These Regulations?

    We added language to paragraph (b) in the final rule to remind you 
that to the extent a state law conflicts with these regulations, you 
must comply with these regulations. We also recast

[[Page 61050]]

the opening paragraphs of this section in list form with handy cross-
references.

Section 3830.2 What Is The Scope of These Regulations?

    We added paragraph (c) in the final rule, derived from old section 
3833.0-1(e). It reminds you that BLM is not the official recording 
office for ancillary documents related to mining claims, such as liens, 
wills, judgments, grubstake contracts, or leases. You should file such 
documents locally according to state law.
    One comment suggested removing reference to units of the National 
Park System, since National Park lands are included in Federal lands. 
In response to the comment, we have amended the provision to make it 
clear that these regulations do not authorize location of new mining 
claims on any Federal lands withdrawn from the operation of the General 
Mining Law.

Section 3830.3 Who May Locate Mining Claims?

    One comment suggested combining proposed paragraphs (a) and (b). We 
did not adopt the proposal, because we felt the section was clear as 
written. Two comments suggested changes to clarify proposed paragraph 
(c). We rewrote the paragraph to make it clear that various kinds of 
business entities that have been organized under the laws of any state 
may locate claims and sites.

Section 3830.5 Definitions.

    Many comments addressed this section. The majority of them 
suggested language changes in the proposed definitions. We adopted some 
of these suggestions in order to clarify the meaning and intent of 
certain definitions. Other suggestions we rejected, because the 
definitions at issue have been established by longstanding practice and 
case law. Several comments requested that we add new definitions to the 
section. After careful consideration, we agreed to add several 
definitions that we felt were necessary to the proper administration of 
these regulations or to clarify certain concepts or requirements that 
occur in these regulations. We added definitions for ``discovery,'' 
``final certificate,'' ``nonmineral land,'' and ``recording.''
    One comment questioned the meaning of the term ``holder'' as used 
in various provisions in the proposed rule. To avoid confusion, we have 
substituted the defined term ``claimant'' in each such instance.
    One comment suggested amending the definition of ``Federal lands'' 
by removing the exclusion of National Park System lands. We have 
removed the exclusion, but have added a sentence to section 3830.3 
stating that these regulations do not authorize the location of any 
mining claims or sites on Federal lands that are closed to mineral 
entry, including units of the National Park System.
    One comment suggested that we add a provision to the definition of 
``mineral materials'' to make it clear ``that mineral materials cannot 
be sold from NPS lands'' by adding the phrase ``* * * from Forest 
Service and BLM lands * * *'' to the definition. The change is not 
necessary. The phrase ``sold under the Mineral Materials Act'' is 
itself limiting, since that Act says that nothing in the Act applies to 
lands in any national park or national monument. Further, expressly 
stating such a limitation here would go beyond the scope of a 
definition by including regulatory requirements.
    One comment stated that we should amend the definition of 
``patent'' as proposed to make it clear that issuing a patent does not 
always convey full fee simple title. We agree that Congress requires 
the surface of some lands to be reserved in mineral patents and have 
revised the definition to reflect this possibility.
    One comment suggested that we add a definition for ``withdrawn 
lands'' to this section. The writer stated that such a definition would 
be helpful because the term appears so often in the regulations, and 
offered a definition. We have not adopted the suggestion in this final 
rule because the rule text does not use the term. Instead, the rule 
uses the phrase ``closed to mineral entry,'' which is defined.
    One comment suggested adding definitions for ``monument'' and 
``discovery monument,'' saying that the physical process of staking a 
claim is not sufficiently described in these regulations. We have not 
added this definition because the term ``discovery monument'' is used 
only once in the rule and refers to a type of monument that may be used 
to anchor metes and bounds descriptions of mining claims. Discovery 
monuments are no longer required by many states to mark the position of 
a claimant's discovery point. Parties who are interested in learning 
more about the physical process for staking mining claims or sites 
should consult applicable state law and may visit or contact a local 
BLM office for further information.
    One comment addressed the definitions of ``filed'' and ``filing 
period,'' stating that they were internally inconsistent. We have 
revised the definition of ``filed'' to include a postmark rule under 
which BLM will accept a document as timely filed if the document you 
mailed was postmarked before the due date and BLM received the document 
within 15 days after the due date. Another comment questioned the 
effect if a document is postmarked on time, but still not received by 
15 days after you posted it because the BLM office was not open on the 
15th day because of a holiday or other circumstance. In this case, 
under 43 CFR 1822.14, the grace period ends on the next official 
business day.
    Several comments suggested removing the definition of ``filing 
period'' because the term does not appear in the regulations. We have 
removed the definition in the final rule, but explained the 15-day 
grace period or postmark rule in the definition of ``filed.''
    Several comments addressed the definition of ``segregation.'' One 
suggested that we add that segregation ends when the land becomes open 
to mineral entry. We have not adopted this change. Doing so would 
merely describe the effect of ending segregation, not the event that 
ends segregation. Another comment stated that the definition conflicts 
with the regulations on segregating and opening public lands. We have 
amended the definition to make it clear that segregation ends when the 
statutory period of segregation ends or when BLM causes an 
administrative segregation to end under section 2091.2-2. However, in 
the case of Stockraising Homestead Act lands, we still use the notation 
rule and so mark the official records as to when the land is closed and 
opened.
    One comment suggested that we amend the definition of ``control'' 
by removing language allowing BLM to consider facts other than whether 
a person is an officer, director, or majority shareholder in 
determining control. We have not adopted this recommendation. This 
definition tracks the statutory definition in 30 U.S.C. 28f(d)(2). We 
have removed from the definition of ``control'' the reference to 
publicly traded companies or corporations (which did not appear in the 
previous definition). The same principles of control apply to all 
companies, whether publicly traded or not.
    One comment recommended changes in the definition of ``copy of the 
official record'' to make it cover documents that have not yet been 
recorded in the local jurisdiction recording office. Other comments 
preferred to remove the definition altogether, because the term appears 
only once in the regulations and could be explained thoroughly in that 
context. We have adopted this latter suggestion in the final rule. Our

[[Page 61051]]

rewritten version of section 3833.11(a) in fact does not use the term 
at all, and we have removed the definition from the final rule.
    Several comments criticized the definition of ``local recording 
office'' for including the notion that claimants need to record 
documents in the local recording office to make them effective. These 
comments noted that such documents are binding between the parties 
regardless of whether they are recorded. State law governs whether 
documents must be recorded with the state in order to be effective. 
Consequently, we have removed any reference to the legal effect of 
recording with state offices from this definition.

Subpart B--Providing Information to BLM

Section 3830.8 How Will BLM Use the Information it Collects and What 
Does it Estimate the Burden Is On the Public?

    One comment stated that our estimate that a customer needs 8 
minutes of time per document was low, but offered no explanation or 
time estimate for BLM to work with. We have not made a change in the 
final rule.

Subpart C--Mining Law Minerals

Section 3830.12 What Are Characteristics of a Locatable Mineral 
Deposit?

    We received a large number of comments adverse to proposed 
paragraph 3830.12(a)(2), which stated that a characteristic of a 
locatable mineral is that the mineral is found in a quantity and 
quality to constitute a valuable mineral deposit. Paragraph 
3830.12(a)(2) also defined ``valuable mineral deposit.'' Some of the 
comments stated that our language imprecisely paraphrased the prudent 
person test and that we proposed to change the law by saying that in 
order for a mineral to be locatable it must first be found in 
quantities and qualities to support a valuable or profitable mine. We 
removed paragraph 3830.12(a)(2). The purpose of this section is to 
describe characteristics of locatable minerals, not characteristics of 
a validly-located mining claim. By removing this paragraph, we are not 
suggesting that a discovery of a valuable mineral deposit is not 
necessary to locate a valid mining claim.
    In a similar manner, a number of comments opposed paragraph 
3830.12(b), which we proposed to move from subpart 3711 and rewrote in 
plain language. This section concerns the definition of an uncommon 
variety of a mineral material under the Surface Resources Act (30 
U.S.C. 611), subject to location under the General Mining Law. The 
Federal 9th Circuit Court of Appeals in 1969 laid out five tests that a 
mineral material must meet in order to qualify as uncommon and 
therefore subject to location. See McClarty v. Secretary of the 
Interior, 408 F.2d 907 (9th Cir. 1969). In the final rule, we replaced 
the original language of proposed section 3830.12(b) paraphrasing the 
holding of the McClarty Court with the five tests directly from the 
decision to avoid ambiguity.

Subpart D--BLM Service Charge and Fee Requirements

Section 3830.21 What Are the Different Types of Service Charges and 
Fees?

    One comment, repeated by several others, stated that it was hard to 
tell whether some of the charges and fees shown in the table in this 
section applied on a per claim basis or per filing. It is not necessary 
to amend the table in response to these comments. The column heading in 
the table clearly says ``Amount due per mining claim or site.''

Section 3830.22 Will BLM Refund Service Charges or Fees?

    One comment asked why oil shale claims are excluded from this 
section. The Mineral Leasing Act prohibits locating oil shale claims 
after February 25, 1920. Therefore, the location fees discussed in this 
section do not apply to oil shale claims, and there is no need to 
provide for their refund. Also, the Energy Policy Act of 1992 
established separate fees for oil shale placer claims.
    Another comment asked why we removed the previous provision on 
applying overpayments of maintenance fees to years ahead. You may still 
apply an overpayment to future fee requirements. We have restored this 
provision in the final rule.
    One comment stated that not refunding service charges is a change 
from the existing regulations and suggested that the final rule allow 
for refund of service charges. The previous regulations did provide for 
service charge refunds if BLM found the claim to be void. However, BLM 
has changed this practice because BLM spends the service charge funds 
it receives in order to process the documents, even if the claim for 
which the documents were filed turns out to be void. Therefore, the 
final rule allows refunds of overpayments only.

Subpart E--Failure To Comply With These Regulations

Section 3830.91 What Happens if I Fail To Comply With These 
Regulations?

    Several comments addressed this section. One said the use of the 
word ``defect'' was too broad. The term ``defect'' is intended to cover 
a broad range of circumstances. BLM receives many documents and 
payments that are incomplete in various ways. The purpose of this 
regulation is to explain how claimants will be able to fix defects, to 
the extent they are curable, and to caution claimants about defects 
that cannot be cured.
    Another questioned the Secretary's authority to cancel claims if 
cancellation is not expressly provided for by statute. We have added a 
list of ways in which you could forfeit your claims or sites by law or 
regulation. In addition, under the authority of 43 U.S.C. 1201, you may 
forfeit a claim or site if there is a defect in your compliance with 
the regulations and you fail to remedy the defect after BLM notifies 
you.
    Another comment stated that an owner of a forfeited or canceled 
claim should not be held responsible for reclamation of the claim. A 
reclamation requirement is not new. Under the Federal Land Policy and 
Management Act, the Secretary has the responsibility to prevent 
unnecessary or undue degradation of the public lands. 43 U.S.C. 
1732(b). You may learn more about your reclamation responsibilities in 
43 CFR subpart 3809. You remain responsible for reclamation if you 
forfeit a claim or site, regardless of the reason for the forfeiture.
    Several comments stated that most of the language of proposed part 
3830 is explanatory or factual, and did not impose requirements on 
miners, and therefore that it would not be appropriate to impose 
penalties, including forfeiture of mining claims, on persons who 
violate the regulations in ``this part,'' part 3830. We have amended 
the heading to make it clear that this section depicts the consequences 
for failing to comply with the regulations in all the parts and 
subparts from part 3830 through 3839.

Section 3830.93 When Are Defects Curable?

    One comment specifically addressed paragraph (b) and asked for 
examples of requirements imposed by regulation (curable) and not by 
statute (incurable). We have added a list of the requirements that are 
statutory in section 3830.91. The ways in which

[[Page 61052]]

claimants may fail to comply with regulatory requirements are 
innumerable. BLM will notify you when they have determined that a 
filing or payment you have submitted is defective, but curable. For 
example, when recording a mining claim with BLM, FLPMA requires 
claimants to include a description of the claim that allows BLM to find 
the claim on the ground. 43 U.S.C. 1744(b). When you record a claim 
with BLM, the regulations require that you file a map showing where the 
claim is situated. If you omit a description altogether, you have 
failed to record the claim as required by statute, so the failure to 
include it is not curable, and BLM will reject the document. (In such a 
case, you may re-file, but your claim will be subject to location by 
other locators until you provide the description required by law. 
However, if you include a description that is inadequate, BLM will 
allow you to cure the defect, just as we would if you failed to provide 
material required by regulation but not statute, without losing your 
time advantage over competitors.) On the other hand, if you fail to 
include a map as required by regulation, BLM will send a decision to 
you, allowing you 30 days to send in the missing map. We encourage you 
to contact the BLM State Office if you have questions about filing 
requirements.
    One comment suggested cross-referencing the sections of this rule 
into two groups, one for curable defects and one for incurable defects. 
We believe the existing organization is sufficiently clear. Another 
comment suggested that we should provide a listing of the common errors 
and defects a locator or claimant should avoid. We decline to do this, 
because such a list would be extremely lengthy and, even then, likely 
to have omissions. Such defects will become apparent if you read the 
individual regulations pertaining to your specific activity.

Section 3830.95 What if I Pay Only Part of the Service Charges, 
Location Fees, or First Year Maintenance Fees for Newly Filed Claims or 
Sites?

and

Section 3830.96 What if I Pay Only Part of The Service Charges and Fees 
for Oil Shale Claims or Previously-Filed Mining Claims or Sites?

    Several comments said these sections proposed no cure for defects 
in complying with requirements that are not statutory, a result they 
say is inconsistent with section 3830.91. Section 3830.91 provides that 
defects in complying with statutory requirements are not curable, while 
defects in complying with regulatory requirements are curable. In fact, 
sections 3830.95 and 3830.96 provide a means by which claimants may 
cure defects in complying with regulatory requirements. Both sections 
provide that BLM will notify you of such defects and give you 60 days 
from the date you receive notification to remedy curable defects in 
small miner waiver filings and 30 days from the date you receive 
notification to remedy all other curable defects. The comments said 
that the old regulations at section 3833.1-3 allowed claimants to cure 
defective service charge payments when recording a new claim within 90 
days of the location of the claim, but that the proposed rule allowed 
no such cure. We reorganized sections 3830.95 and 3830.96 to make clear 
that you may still cure defective fees and charges by resubmitting the 
location with a complete payment of fees and charges within the 90-day 
period that FLPMA provides for you to record a new mining claim or 
site.
    Also, in section 3830.96 in the proposed rule we inadvertently 
omitted a provision that would allow claimants who own existing claims 
or sites, including oil shale claims, to cure an incomplete service 
charge payment by submitting the complete payment within 30 days after 
receiving notice of the defect from BLM. We have corrected this 
oversight in the final rule.

Part 3831--Mineral Lands Available for Locating Mining Claims or Sites

    This part is reserved so that BLM may, at some future time, 
consolidate the available information describing the public lands that 
are open to mineral entry. This information is currently found in 43 
CFR Group 2000, parts 3730, 3740, 3809, 3810, and 3820.

Part 3832--Locating Mining Claims or Sites

    This part consolidates location requirements for lode and placer 
mining claims and mill and tunnel sites, which were in 43 CFR subpart 
3831 and part 3840 of the previous regulations.
    Section 3832.1 describes what location is. Sections 3832.10 through 
3832.12 describe general procedures for locating mining claims or 
sites. Sections 3832.20 through 3832.22 provide specific requirements 
for lode and placer mining claims.
    Sections 3832.30 through 3832.34 contain specific requirements for 
dependent and independent or custom mill sites (these terms are 
explained in section 3832.31). Sections 3832.40 through 3832.45 contain 
specific requirements for tunnel sites. Sections 3832.90 and 3832.91 
specify when and how you can correct defects in your location of claims 
or sites.

Subpart A--Locating Mining Claims and Sites

Section 3832.1 What Does It Mean To Locate Mining Claims or Sites?

    Several comments asked whether a claimant must discover a valuable 
mineral deposit before locating a mining claim or a mill site. While 
you may locate and record a mining claim before discovering a valuable 
mineral, your mining claim is not valid until you have made such a 
discovery. In addition, you may locate and record mill sites only on 
nonmineral lands. Therefore, in this final rule, we have removed 
discovery as an element of locating mining claims.
    Section 3832.11 How do I locate mining claims or sites? One comment 
stated that the law does not require discovery before location and that 
our regulations need to reflect this. We have amended this section to 
recognize that claimants may locate mining claims before discovering a 
valuable mineral deposit. However, we have added a provision that 
states that the location is not valid until the claimant has discovered 
a valuable mineral deposit. As the U.S. Supreme Court has recognized:

    [I]t has come to be generally recognized that while discovery is 
the indispensable fact and the marking and recording of the claim 
dependent upon it, yet the order of time in which these acts occur 
is not essential to the acquisition from the United States of the 
exclusive right of possession of the discovered minerals or the 
obtaining of a patent therefor, but that discovery may follow after 
location and give validity to the claim as of the time of discovery, 
provided no rights of third parties have intervened.

Union Oil Co. v. Smith, 249 U.S. 337, 347 (1919).
    Several comments noted some lack of clarity in some of the language 
in this section. We have made editorial changes to the text to clarify 
our intent and the requirements in this section.
    One comment suggested several additions to paragraph (b), stating 
that we needed to emphasize that you can locate mining claims and sites 
only on Federal lands, that you must comply with applicable state 
monumenting requirements, and that the requirement for posting public 
notice of the claim should include a statement of the name of the 
claim. We have placed the necessary language to effect the first 
addition in paragraph (b)(1) in the final rule. We believe that 
paragraph (b)(5), which requires claimants to follow all relevant state 
law requirements, would

[[Page 61053]]

include any applicable state monumenting requirements. We also added 
paragraph (b)(3)(iv), which requires the posting to include the name or 
number of the claim or site, or both, if the claim or site has both.
    Another comment stated that the word ``public'' in section 
3832.11(a)(3) did not properly describe ``notice of location on the 
claim or site.'' We agree and have removed this word in the final rule.

Section 3832.12 When I File a Mining Claim or Site, How Do I Describe 
the Lands I Have Claimed?

    Several comments focused on the need to use the legal subdivision 
(aliquot part) and lots in claim descriptions, and noted that they do 
not apply per se to lode claims. Another comment asked about protracted 
(unsurveyed) sections and their proper use for descriptive purposes.
    We have amended section 3832.12 to clarify these issues and help 
you describe your claim or site properly. Also, you may correct 
erroneous descriptions. You may do this by filing an amended location 
notice or certificate, regardless of who finds the error. Paragraph (a) 
gives the general rule that you must follow in order for BLM to enter 
the essential data into our computerized mining claim recording system. 
Paragraph (b) expands on the specific descriptive requirements for lode 
claims, and paragraph (c) does the same for placer mining claims.
    Several comments objected to the requirement for a metes and bounds 
description of a lode claim, saying that it would be unnecessary, not 
required by law, and burdensome, especially if it made a survey 
necessary. We have not changed the regulations in the final rule in 
response to these comments. This is not a new requirement. Lode claims 
cannot be described by aliquot part because of their parallelogram 
shape. We have retained in paragraph (a)(2)(iv) the provision that 
professional surveys are not necessary. We do not believe that it is 
burdensome to provide a metes and bounds description. The previous 
regulations at section 3841.4-5 required descriptions by courses and 
distances from the discovery monument. Courses and distances are part 
of a metes and bounds description, so we are merely correcting our 
terminology. Since the monuments on the ground govern, the courses and 
distances in the metes and bounds description need not be derived from 
a professional survey, but must be sufficient to allow a surveyor to 
identify the tract unambiguously on the ground if at some time in the 
future you seek a patent. Of course, a mineral survey is a prerequisite 
for a patent.
    Several comments criticized section 3832.12(a) for requiring claim 
descriptions to follow the public land survey system ``as much as 
possible.'' They pointed out that lode claims are required by law to 
follow the mineral vein, which usually does not follow surveyed section 
lines. We have not made a substantive change in the final rule in 
response to these comments. As paragraph (b), which specifically covers 
lode claims, provides, you must describe your lode claims by metes and 
bounds. Paragraph (a) is of general applicability, and you must follow 
it unless paragraph (b) on lode claims or paragraph (c) on placer 
claims provides differently. Paragraph (a) allows for this by saying 
``as much as possible.'' We never intended that lode claims must follow 
the rectangular survey system. However, since this provision caused so 
much confusion on the part of knowledgeable readers, we added an 
introductory phrase to paragraph (a) in the final rule clarifying this 
intent.
    A couple of comments pointed out a typographical error in the first 
sentence of paragraph (a)(1). As the comment suggested, we added the 
word ``and'' to show that aliquot parts are used to describe land 
within quarter sections.

Section 3832.21 How do I Locate a Lode or Placer Mining Claim?

    Several comments addressed this section, especially the 
descriptions of what minerals are generally locatable as lode deposits 
and which are locatable as placer deposits. Some comments asked for 
more extensive lists of minerals that are locatable. In both cases, 
lode and placer, the lists are not comprehensive. We have taken them 
from the general case law and the statute itself. BLM recognizes that 
there are always exceptions to the general rule, but we will decide 
these on a case-by-case basis through a mineral examination and/or 
contest action as necessary.
    One comment asked for a definition of ``mineral-bearing brine'' as 
used in paragraph (b)(3)(v), stating that we need to differentiate 
brine or saline water from ``fresh water and the minerals therein.'' We 
have added explanation of what is a mineral-bearing brine in this 
section. The principal distinction is that a mineral-bearing brine is 
locatable if it contains an extractable locatable mineral that is the 
principal object of the mining operation. However, if you are mining 
the brine primarily for the leasable salt(s) content, and are also 
extracting locatable minerals, BLM considers those minerals co-products 
under the Mineral Leasing Act, and you must obtain a lease and pay 
royalties under 43 CFR part 3500.
    Some comments raised the issue of discovery, that is, whether the 
miner needs to discover a valuable mineral deposit before locating a 
claim. We moved the discovery reference to a separate paragraph that 
states that your lode claim is not valid until you discover a valuable 
mineral deposit. In this way, the discovery requirement is not among 
the location requirements but the regulation nevertheless makes clear 
that the location is not a valid mining claim until you make a 
discovery.
    One comment objected to the word ``similar'' in the phrase ``gold, 
silver, cinnabar, lead, tin, copper, zinc, fluorite, barite, or other 
similar valuable mineral'' in paragraph (a)(2)(ii). It stated that 
there is no justification for limiting the types of minerals that are 
subject to location under the Mining Law to those minerals that are 
similar to the minerals listed in this paragraph. We have amended this 
paragraph by removing the word ``similar'' and conforming the provision 
more closely with the Mining Law and case law.
    Some comments stated that paragraph (a)(3) misstates the 
requirements for establishing extralateral rights to a lode. We have 
revised the paragraph to correct a drafting error and clarify the 
requirements. This paragraph describes how your claim must be situated 
for you to follow a vein, lode, or ledge underground beyond the long-
side boundaries of your rectangular lode claim:
    [sbull] The top of the deposit must be within your claim, whether 
on the surface or below it;
    [sbull] The long-side boundaries of your claim must be 
substantially parallel to the direction of the lode, vein, or ledge 
deposit.
    You do not have extralateral rights to follow a deposit beyond the 
end lines of your lode claim.
    Several comments addressed paragraph (a)(4), questioning the 
requirement in this paragraph of the proposed rule that you expose the 
vein, lode, or ledge by tracing the vein or lode on the surface or by 
drilling or tunneling to a sufficient depth. The comments stated that 
this should not be a requirement for locating a lode, but only a 
requirement for claiming the full extent of extralateral rights. The 
comments are correct. We have amended this provision in the final rule 
to clarify what you have to do to establish extralateral rights.
    Another group of comments stated that the language in this section 
was ambiguous and could lead to multiple interpretations. We have 
amended the

[[Page 61054]]

language to clarify areas that we agree seemed ambiguous.

Section 3832.22 How Much Land May I Include in My Mining Claim?

    One comment stated that a lode claim may only extend the exposed 
length of the lode or vein claimed, or 1,500 feet, whichever comes 
first. If the exposed vein is 1,000 feet long, and you have reason to 
believe, from the geology, that the vein or lode is 1,500 feet or 
longer, you may take up the entire 1,500 allowed by law. The comment 
urged that this section be amended to provide that lode claims may 
extend to 1,500 feet along the course of the vein, lode, or ledge only 
if the lode, vein, or ledge also extends that far. The comment said 
that there is no guaranteed right to possession of the statutorily 
defined maximum size lode claim without proof of valuable 
mineralization underlying the entire length of the claim, and that to 
the extent the land covered by the claim does not also contain valuable 
minerals or lie within 300 feet on either side of a vein or lode, the 
Mining Law grants no rights to make use of those lands for any purpose. 
The question is whether the statutory language ``along the vein or 
lode'' means that the center line of the claim must track the vein or 
lode precisely, and if the lode stops the claim must also stop. We have 
found no case law that supports this interpretation. The common 
definition of ``along'' is ``in a line parallel with the length or 
direction of.'' We have not adopted the comment in the final rule.
    Several comments stated that this section, in providing that the 
claim is limited to 300 feet on either side of the middle of a vein, 
lode, or ledge, follows an obsolete 1879 regulation that has since been 
modified by Solicitor's Opinions and court decisions. The comments said 
that there is no requirement in the Mining Law that a claim be laid 
along the course of the vein. The Mining Law at 30 U.S.C. 23 limits the 
claim to ``three hundred feet on each side of the middle of the vein at 
the surface.'' The comment is correct. However, to protect your 
extralateral rights, you should lay out your claim along the course of 
the lode, vein, or ledge. We have amended this provision in the final 
rule to make this clear.

Section 3832.30 Mill Sites

    During the comment period, we received 49 comments addressing the 
series of mill site sections beginning with section 3832.30. Since the 
comment period closed, the Secretary and the Solicitor have continued 
to receive correspondence regarding these sections, including from 
Congress.
    The General Mining Law allows miners to locate and patent 
nonmineral lands in association with mining claims. However, under the 
5-acre mill site provision, 30 U.S.C. 42, no location of these 
nonmineral lands, called mill sites, may exceed 5 acres.
    In 1997, former Solicitor John Leshy issued an opinion entitled 
``Limitations on Patenting Millsites under the Mining Law of 1872,'' M-
36988 (``1997 Opinion''). The opinion stated that under the 5-acre mill 
site provision of the Mining Law, an applicant may patent only up to 5 
mill site acres per mining claim. In addition, the opinion stated that 
BLM should not ``approve plans of operations which rely on a greater 
number of mill sites than the number of associated claims being 
developed unless the use of additional lands is obtained through other 
means.'' As a consequence, the proposed rule that BLM published in 1999 
sought to limit the amount of mill site acreage claimants could locate 
per mining claim, in a manner that also sought to prevent claimants 
from subdividing their mining claims to obtain the rights to more mill 
sites.
    Deputy Solicitor Roderick E. Walston has reviewed the Mining Law, 
its legislative history, pertinent case law, and the Department's prior 
written guidance and prevalent practice regarding the 5-acre mill site 
provision. On October 7, 2003, Deputy Solicitor Walston issued an 
opinion entitled ``Mill Site Location and Patenting under the 1872 
Mining Law,'' M-37010. (``2003 Opinion''). In the 2003 Opinion, the 
Deputy Solicitor determined that:
    [sbull] Before the 1997 Opinion, Interior's prevalent practice and 
interpretation was to view the 5-acre mill site provision as limiting 
the size of individual mill sites, not the number of mill sites per 
mining claim.
    [sbull] Interior consistently followed this practice and 
interpretation for at least 50 years immediately preceding the 1997 
Opinion under the pre-existing regulations.
    [sbull] The 1997 Opinion significantly departed from this 50-year 
practice and interpretation.
    [sbull] Interior's pre-1997 practice and interpretation was 
consistent with Supreme Court precedent interpreting the statutory size 
limitations for lode and placer claims.
    [sbull] Interior's pre-1997 practice and interpretation was 
consistent with Congress's goal in the Mining Law to promote mineral 
development on the public lands.
    [sbull] Another clause of the mill site provision effectively 
limits the mill sites a claimant may locate and patent to the number 
used or occupied for mining or milling purposes.
    Congress twice prohibited by law the Department from applying the 
1997 Opinion. The conference report for the first law stated that the 
1997 Opinion was ``particularly troubling because both the Bureau of 
Land Management and the Forest Service have been approving patents with 
more than one 5-acre millsite per patent based on procedures outlined 
in their operations manuals.'' H.R. Conf. Rep. No. 106-143, at 90 
(1999).
    Therefore, instead of changing the Department's past prevalent 
practice and interpretation of the mill site provision, BLM has decided 
to withdraw the proposed amendment to the mill site regulations and 
continue its prevailing practice and interpretation that the Department 
followed for a half century before the 1997 Opinion. That practice and 
interpretation, as described by the 2003 Opinion, is set forth in 
section 3832.32. This action does not change BLM's practice regarding 
mill site locations. Before former Solicitor Leshy issued his 1997 mill 
site opinion, BLM viewed the 5-acre mill site provision as a limit on 
the size of individual mill sites, not a limit on the allowable mill 
site acreage per mining claim. Deputy Solicitor Walston describes BLM's 
consistently-held written guidance in this way:

    For nearly a half century, the BLM's written guidance has 
reflected the view that the mill site provision does not 
categorically limit the number of mill sites that may be located and 
patented for each mining claim. The BLM Manual, adopted in 1954, 
sets forth three requirements for mill sites to qualify for 
patenting: (1) the lands must be nonmineral in character, (2) the 
mill site cannot be contiguous to a vein or lode, and (3) ``[t]he 
mill site does not include an area exceeding 5 acres.'' BLM Manual, 
ch. 3.3.2 (Apr. 20, 1954). The 1954 BLM Manual contained no 
restriction on the number of mill sites that may be located for a 
mining claim. Additionally, the BLM in 1954 issued a document 
entitled ``Mining Locations, Entries and Patents,'' which stated, on 
page 28, that ``[i]t has been held that more than one mill site may 
be embraced in an application for a patent, provided each such 
tracts [sic] keep within the restriction of 5 acres of non-mineral 
land and that each is needed and used for mill site purposes.'' 
Similarly, a BLM Manual issued in 1958 stated, ``More than one 
millsite may be located, provided each tract is of no more than 5 
acres of nonmineral land and that each is needed and used for 
millsite purposes.'' Id. ch. 5.2.15 B. (Nov. 19, 1958). Thus, the 
BLM guidance and accompanying documents made clear that the Mining 
Law imposes no categorical restrictions on the number of mill sites 
that may be located and patented for each mining claim.

[[Page 61055]]

    The BLM continued to adhere to this view. In 1966, a BLM 
minerals specialist prepared a summary of mill site requirements. 
Under the topic heading ``Number of Millsites,'' the minerals 
specialist stated, ``Although there is no number specified, it has 
been held that as many millsites as are actually needed for the 
operation can be located. There must be a clear showing of need and 
use if more than one millsite is taken. This also applies to custom 
mills.'' Memorandum from Minerals Specialist, PSC, to Chief, Mining 
Staff, Washington Office, BLM 1 (May 11, 1966). In another 1966 
document entitled ``Mineral Patents--Information Relative to the 
Procedure for Obtaining Patent to a Mining Claim,'' the BLM stated, 
``Lands entered as mill sites may be for an area of not more than 5 
acres for each mill site and must be shown to be nonmineral in 
character and not contiguous to a vein, lode, or placer.'' Mineral 
Patents-Information Relative to the Procedure for Obtaining Patent 
to a Mining Claim 13 (1966). These documents support the view that 
the five-acre mill site provision defines the size of individual 
mill sites but does not limit their number.
    In 1976, the BLM Manual stated that a mineral examiner, in 
conducting a field examination, must make certain determinations 
regarding mill sites: (1) the lands must be nonmineral in character, 
(2) the claim must be occupied and used for mining or milling 
purposes; and (3) there must be a quartz mill or reduction works on 
the claim if for custom mill. BLM Manual Sec.  3930.14 C (Oct. 8, 
1976). The BLM Manual also stated, ``The maximum size of a mill site 
claim is 5 acres. However, several mill site claims may be embraced 
in a single application, provided the total acreage does not exceed 
5 acres per mill site.'' Id. Sec.  3864.11 B (Oct. 6, 1976). Again, 
the BLM Manual articulated limitations on the size of mill sites but 
not their number, except to the extent it applied the use-or-
occupancy requirement.
    In 1980, the BLM Washington Office issued a ``Mineral Survey 
Procedures Guide'' that stated, on page 26, ``There is no limit to 
the number of mill sites that may be located, so long as they are 
necessary for the operation of a mine or mill.'' Today, BLM's 
Handbook for Mineral Examiners provides that ``[a]ny number of 
millsites may be located but each must be used in connection with 
the mining or milling operation.'' BLM Handbook for Mineral 
Examiners, H-3890-1, Ch. III Sec.  8 (Mar. 17, 1989). Additionally, 
the BLM Manual states that ``[a] mill site cannot exceed 5 acres in 
size. There is no limit to the number of mill sites that can be held 
by a single claimant.'' BLM Manual Sec.  3864.11 B (1991).
    Thus, the BLM has, through its written guidance, consistently 
interpreted the five-acre mill site provision as limiting the size 
of individual mill sites but not as precluding claimants from 
locating and patenting multiple mill sites in association with a 
single mining claim.

2003 Opinion, at 24-25.
    In addition, in 1996, BLM's Deputy Director asked all BLM State 
Offices to describe state office practice regarding patenting and 
approving plans of operations involving more than one 5-acre mill site 
per mining claim. Memorandum from Mat Millenbach, Deputy Director, BLM, 
to Assistant Directors and State Directors, BLM (Mar. 5, 1996). The 
state office responses support the conclusion that BLM's consistently-
held practice was to treat the 5-acre mill site provision as a limit on 
the size of individual mill sites. The survey responses also show that 
BLM's primary determination regarding mill site validity is to 
determine whether claimants are using or occupying each mill site for 
mining or milling purposes. See 2003 Opinion Appendix.
    After former Solicitor Leshy issued his mill site opinion in 1997, 
BLM's practice effectively did not change. The Department of the 
Interior attempted to deny a proposed plan of operations for the Crown 
Jewel mine in Washington State, in part, based on the interpretation of 
the 5-acre mill site provision described in the 1997 Opinion. However, 
Congress quickly enacted a provision disallowing the Department from 
applying the 1997 Opinion to the Crown Jewel mine or any other patent 
or proposed plan of operations that was filed before the provision's 
date of enactment. Pub. L. 106-31, 113 Stat. 90-91 (1999).
    Thereafter, Congress enacted a second law, the FY 2001 
Appropriations Act for the Department of the Interior and Related 
Agencies, prohibiting the Department from applying the 1997 mill site 
opinion. Pub. L. 106-291, 144 Stat. 922 (Oct. 11, 2000). As a 
consequence, beyond the unsuccessful denial of the Crown Jewel plan of 
operations, the Department has not applied the 1997 Opinion to any 
other proposed plans of operations or patents. Because of these 
intervening laws, the Department effectively has not departed in 
practice from its earlier consistently-held interpretation of the 5-
acre mill site provision. In addition, because the proposed rule 
published on August 27, 1999, was never finalized, the Department has 
not departed by regulation from its earlier interpretation of the 5-
acre mill site provision. Thus, the language of this rule does not 
change BLM's prevalent practice and interpretation regarding mill site 
locations; rather, it confirms the practice and interpretation that 
existed before Solicitor Leshy's 1997 Opinion, as well as the effective 
practice following the 1997 Opinion.
    In response to comments on the initial proposed rule and in 
accordance with the 2003 Opinion, we are adopting mill site regulations 
that continue the Department's past prevalent practice and 
interpretation under the pre-existing regulations and that make clear 
that the 5-acre mill site provision in the Mining Law is a limit on the 
size of individual mill sites and not a limit on the allowable mill 
site acreage per mining claim. That is, the final rule maintains BLM's 
past practice regarding the 5-acre mill site provision.

Section 3832.31 What Is a Mill Site?

    One comment recommended that we state the limitation, if any, on 
the acreage of independent or custom mill sites that you can locate. 
Section 3832.32 addresses the size limitations of all mill sites, 
including independent or custom mill sites. The maximum size of 
individual mill sites is 5 acres.

Section 3832.32 How Much Land May I Include In My Mill Site?

    As discussed above, we have withdrawn the proposed amendment to 
this section in response to comments and the 2003 Opinion and have 
conformed the rule to the Department's prevalent practice under the 
pre-existing regulations as described in the 2003 Opinion.
    Comments from various mining industry groups and mining companies 
stated that the Department's prevalent practice for at least the past 
fifty years has not required a one-to-one ratio between mill sites and 
lode (or placer) claims, let alone a 5-to-20 acre ratio, as provided in 
the proposed rule.
    Comments from environmental interests supported the limits on mill 
sites in the proposed rule, saying they were necessary to prevent 
improper waste dumping on the public lands. We have addressed this 
concern by requiring claimants to locate only that amount of mill site 
acreage that is necessary to be used or occupied for efficient and 
reasonably compact mining or milling operations. This is a new 
regulatory requirement, which BLM will implement by applying this 
standard in its review of proposed plans of operations under 43 CFR 
subpart 3809. In addition, the regulations at 43 CFR subparts 3715 and 
3809 prohibit the unauthorized placement of waste rock, tailings, or 
other mining materials.

Section 3832.34 How May I Use My Mill Site?

    Several comments addressed permitting requirements for mill site 
use. One comment asked for language limiting the use of National Park 
System lands for rock and soil dumps. In response to this comment, we 
added language to advise a mill site owner to comply with the 
regulations of the

[[Page 61056]]

surface management agency before beginning operations.
    One comment suggested that we remove paragraph (a)(6), because 
miners should be able to use mill sites for mine closure operations. 
The case law rejects this idea. Mill sites may not be located or 
patented for closure operations alone. You may only locate or patent 
mill sites for the support of a mining operation. You may use a mill 
site for the storage of top soil and materials that you removed in 
initial mine stripping that you will later replace on the mine site for 
reclamation. Of course, you may reclaim a mill site and, indeed, must 
do so upon termination of your operation. See United States v. Utah 
International, Inc., 45 IBLA 73 (1980).
    We have amended this section to describe separately the types of 
uses allowed for independent or custom mill sites.

Section 3832.44 What Rights do I Have to Minerals Within my Tunnel 
Site?

    We revised paragraph (c) of this section for the sake of clarity. 
Although no one commented on this provision, on reviewing it while 
drafting the final rule, we found its wording in the proposed rule 
somewhat inaccurate. The intent of this paragraph is that, to maintain 
your right to possess all unknown, undiscovered veins, lodes, or ledges 
that your tunnel may intersect as you develop it, you must perform at 
least some work on the tunnel within every consecutive 6-month period.

Subpart E--Defective Locations

Section 3832.91 How Do I Amend a Mining Claim or Site Location if it 
Exceeds the Size Limitations?

    Numerous industry comments objected to the provision in paragraph 
(a) that you would forfeit a claim or site if it were oversized by more 
than 10 percent, and said that any forfeiture should only cover the 
excess acreage. After further consideration, BLM agrees and has removed 
the language in the final rule. If a claim is oversize, BLM will issue 
a decision, notify you, and direct you to file an amended location 
certificate correcting the matter within 30 days.

Part 3833--Recording Mining Claims or Sites [Added]

    This part walks you through the Federal process for recording a 
mining claim or site.
    Section 3833.1 describes what it means to record mining claims and 
sites and why you must record your mining claims and sites. The 
recording process provides BLM with a record of claims and sites, as 
required by FLPMA.
    Sections 3833.10 and 3833.11 outline the procedures for recording 
mining claims and sites. Specifically, section 3833.11 describes how 
you record mining claims and sites. Some of this information may be the 
same information that you used to locate your claim under part 3832.
    Sections 3833.20 through 3833.23 describe when and how you may 
amend the record of a previously located mining claim or site. Sections 
3833.30 through 3833.35 cover transfers of mining claims or sites.
    Finally, sections 3833.90 through 3833.93 describe how to cure 
certain defects in your recording of mining claims or sites.

Section 3833.1 Why Must I Record Mining Claims and Sites?

    A comment suggested that BLM use the term ``record'' in these 
regulations to refer to the county recorder's office and the term 
``file or filing'' to refer to documents given to BLM. We did not adopt 
this comment because the term file or filing as applied to a notice of 
location can be confused with the other types of filings claimants make 
with BLM. In addition, the heading for the section in FLPMA that 
requires claimants to file a copy of the notice of location with the 
state and BLM is ``Recordation of Mining Claims and Abandonment.'' We 
have added a definition of the term ``recording'' to make clear that 
recording applies only to filing of notices or certificates of 
location.
    A comment, repeated in numerous letters, stated that we should add 
language to the rule at this point requiring demonstration of discovery 
before mining activity can occur, saying that staking a claim does not 
guarantee discovery. We have addressed this concern in earlier sections 
in which we state that a mining claim is not valid until the claimant 
discovers a valuable mineral deposit.
    Another comment noted we did not state that the 90-day recording 
requirement of section 314(b) of FLPMA also applies to county 
recordings. We have added language to paragraph (a) to correct this 
oversight.
    For paragraph (b), another comment requested that this section 
include a list of items that would cause a claim to become invalid, 
void, or without effect. We have provided a list of defects that are 
not curable in section 3830.91 and will lead to a forfeiture of your 
claim. Other failures may mean that you have not established a valid 
mining claim. For example, your mining claim is not valid if you have 
not discovered a valuable mineral deposit. Because overall mining claim 
validity depends on so many factors that are case specific, we have not 
adopted this suggestion in the final rule.
    We also removed from the final rule the last sentence of paragraph 
(b) as proposed, which provided that recording a claim does not in and 
of itself establish property rights in the land. That sentence was 
redundant to the first sentence in paragraph (b).

Section 3833.11 How Do I Record Mining Claims and Sites?

    One comment asked for an explanation of ``O and C Lands'' as used 
in paragraph (d). ``O and C Lands'' refers to Oregon and California 
Railroad and Reconveyed Coos Bay Wagon Road Grant Lands in Oregon. 
These are explained in 43 CFR subpart 3821.
    Several comments stated that the wording of paragraph (a) was 
internally inconsistent, requiring the claimant to record with the 
county a copy of the document he or she already recorded with the 
county. We have corrected this problem in the final rule.
    One comment asked that we identify which among those items that 
paragraph (b) requires to be in the notice or certificate of location, 
if omitted, would be--
    [sbull] A curable defect, or
    [sbull] An incurable defect causing forfeiture of the mining claim.
    We believe that such a list is unnecessary in light of the 
explanation of when and how to amend locations in section 3833.20 et 
seq.

Subpart B--Amending Mining Claims and Sites

Section 3833.21 When May I Amend a Notice or Certificate of Location?

    Several comments disputed paragraph (b)(4) of this section, which 
provides that you cannot enlarge a claim by amendment. The comments 
stated that state laws and case law allow enlargement of undersized 
claims so long as there are no intervening rights. The cases and other 
authorities cited in the comments do not support this position.
    The general rule is that you may not enlarge an existing mining 
claim or site by amendment. The Interior Board of Land Appeals (IBLA) 
has held that such an attempted amendment is a re-location of the 
original claim (see Junior L. Dennis, 133 IBLA 239 (1995) and cases 
cited therein).
    You may reposition lode claims at a later date, in the absence of 
intervening rights, by amendment for proper alignment along a vein or 
lode as work progresses, in order to secure your

[[Page 61057]]

extralateral rights. See II Lindley on Mines Sec.  339, 3rd ed. 1916. 
The cases cited in the comments also state this rule, but do not 
address the issue of enlargement of claims by amendment.
    Several comments suggested that the regulations should allow other 
amendments after land is withdrawn other than reducing acreage. The 
available case law does not permit other kinds of amendments of the 
claim itself. We have amended this section to make it clear that you 
may correct clerical errors in your filings, such as mistakes in your 
land descriptions or in other filing documentation, but that you may 
change the actual boundaries or move the monuments of your claim on 
withdrawn land only to reduce the size of the claim or site.

Section 3833.22 How Do I Amend My Location?

    Several comments questioned BLM's authority to void claims if the 
claimants did not record completed amendments within 90 days after 
recording the amendment in the local recording office. Upon 
reconsideration, we have removed this provision and restored the 
provision from the old regulations, which says that we will not 
recognize the changes in your claim (just the original location 
documents) until you file them properly.

Subpart C--Filing Transfers of Interest

Section 3833.31 What Is a Transfer of Interest?

    Several comments addressed the applicability of community property 
rights to unpatented mining claims. Upon further analysis, we have 
removed this provision; as proposed, it only applied to the patenting 
process, which is not the subject of this regulation.
    Another comment asked if we intended this section to apply to 
mortgages, liens, leases, etc. The answer is no, as explained 
previously in the preamble discussion of section 3830.2.

Section 3833.32 How Do I Transfer a Mining Claim or Site?

    Several comments noted that the legal effects of recordings and 
filings of legal documents (deed, grants, etc.) are a state law issue. 
We agree and have rewritten this section (as paragraph (a) of a section 
combining sections 3833.32 and 3833.33 of the proposed rule) to provide 
that state law governs transfers of mining claims and sites and 
determines the effective date of a transfer.

Subpart D--Defective Filings

Section 3833.91 What Defects Cannot Be Cured Under This Part?

    We removed paragraph (d), which provided that you cannot forfeit a 
claim already void or forfeited, because it merely repeated section 
3833.21(b)(2).
    Several comments objected to paragraph (e), which would void a 
claim that is more than 10 percent larger than the statutory maximum 
size. We have removed this provision from the final rule.

Part 3834--Required Fees for Mining Claims or Sites

    This part guides you through annual maintenance of your claims or 
sites. It describes what you must do each year to maintain your mining 
claims or sites properly to avoid forfeiting them. Section 3834.11 
describes the location fee, initial maintenance fee, annual $100 
maintenance fee, and oil shale placer claim fee.
    Sections 3834.12 through 3834.14 go through the procedures for and 
effects of paying the maintenance fee.
    Sections 3834.20 through 3834.23 outline when and how the Secretary 
may adjust the amount of the maintenance and location fees.

Subpart A--Fee Payment

Section 3834.11 Which Fees Must I Pay to Maintain a Mining Claim or 
Site and When Do I Pay Them?

    Several comments found the language in paragraphs (a) and (b) to be 
imprecise and ambiguous, especially as to what period of time the 
annual maintenance fee covers. They suggested alternative phrasing in 
some places. After careful analysis, BLM has amended paragraphs (a) and 
(b), in some cases adopting the suggested phrasing, to make this 
section more clear.

Section 3834.12 How Will BLM Know Which Mining Claims or Sites I am 
Paying the Fees For?

    Several comments pointed out that the claimant does not always have 
the serial number when it is time to pay the annual maintenance fee. We 
amended this provision to say that your list of claims for which you 
are paying must include the serial numbers of the claims if BLM has 
informed you that we have assigned serial numbers.

Section 3834.13 Will BLM Prorate Annual Maintenance or Oil Shale Fees?

    One comment suggested rephrasing this provision to emphasize that 
the full annual maintenance fee is required even if the claimant held 
the claim for only one day in the assessment year. We adopted this 
suggestion in the final rule.

Section 3834.14 May I Obtain a Waiver From These Fees?

    One comment objected to a lack of waiver rights for oil shale 
mining claims. This is a statutory requirement over which BLM has no 
discretion. Unless you filed a patent application and received a first 
half of mineral entry final certificate before October 24, 1992, the 
Energy Policy Act of 1992 (30 U.S.C. 242) requires the payment of an 
annual $550 fee and a FLPMA filing of a notice of intent to hold. The 
comment also asked whether, after a mineral patent is issued, an oil 
shale mining claim is still subject to the annual fee. The answer is 
no.

Section 3834.23 When Do I Start Paying The Adjusted Fees?

    One comment addressed the timing of fee adjustments. We have not 
made any changes to this section because it reflects the statutory 
language.

Part 3835--Waivers From Annual Maintenance Fees

    Section 3835.1 provides general information about fee waivers and 
their applicability. Sections 3835.10 through 3835.11 address general 
filing requirements for waivers, while section 3835.13 lists specific 
types of waivers, their duration, and how you should renew them. Five 
types of waivers are available to claimants who are--
    [sbull] Small miners,
    [sbull] Military personnel under the Soldiers and Sailors' Relief 
Act,
    [sbull] Performing reclamation,
    [sbull] Denied access, or
    [sbull] Mineral patent applicants, under certain circumstances.
    Sections 3835.14 through 3835.17 establish the conditions and the 
process--
    [sbull] For obtaining a small miner waiver in the assessment year 
following the assessment year of location,
    [sbull] For filing a waiver one year and paying the maintenance fee 
the next,
    [sbull] For paying the maintenance fee one year and filing a waiver 
the next assessment year, and
    [sbull] For obtaining a waiver for claims or sites on National Park 
System lands.
    Section 3835.20 addresses whether waivers continue when a claim is 
transferred. It explains that a waiver is still effective if the 
transferee also qualifies for the waiver. If not, the required 
maintenance fees are due by the September 1st following the date of 
transfer.
    Sections 3835.30 through 3835.34 describe annual FLPMA documents 
and

[[Page 61058]]

when they are required to be filed. Annual FLPMA documents include 
affidavits of assessment work when required as a condition of a waiver, 
or notices of intent to hold the claim when an affidavit of assessment 
work cannot be filed.
    As in the earlier parts, sections 3835.90 through 3835.93 describe 
the procedures to cure certain defects if you have any in your waiver 
request.

Subpart A--Filing Requirements

    Upon reviewing the public comments, and after carefully reviewing 
this subpart, we reorganized it somewhat in the final rule, and 
replaced proposed section 3835.1 with the table explaining waiver 
qualification requirements from proposed section 3835.12.

Section 3835.10 How Do I File for a Waiver?

    This section appeared as section 3835.11 in the proposed rule. 
Comments suggested modifications in this section to make it read more 
clearly, particularly as to what assessment year is covered by a waiver 
request, and who must sign the request if an agent submits it. BLM has 
amended this section by adding language making it clear that the waiver 
request maintains the claim for the assessment year that begins on the 
date the waiver request is due and stating that a request submitted by 
an agent must include the agent's original signature, not necessarily 
that of the claimant.
    Another comment asked whether BLM would provide forms that 
claimants must use to request a waiver. BLM makes BLM form number 3830-
2 (Small Miner Waivers) available in all of its state offices, and its 
use is required in order to request a waiver from payment of annual 
maintenance fees.

Sections 3835.11 What Special Filing and Reporting Requirements Pertain 
to the Different Types of Waivers?

    This section appeared as section 3835.12 in the proposed rule, in 
tabular form. In the final rule, we present this provision in the form 
of text; the table added little to aid understanding. Several comments 
addressed this section, seeking clarity as to what year the waiver 
request must cover, and stating that assessment work is not required in 
every year of the life of a mining claim. For example, assessment work 
is not required in the year of location. We have amended the language 
in light of these suggestions, using the term ``the applicable 
assessment year'' and adding the qualification ``required by the Mining 
Law of 1872'' to the provision for what assessment work must be 
certified in your small miner waiver request.

Section 3835.12 What Are My Obligations Once I Receive a Waiver?

    This section is new in the final rule, based on comments that the 
FLPMA filing requirements are very confusing and should not be 
summarily dealt with in a section on waiver requirements. This section 
provides the necessary cross-references to the annual filing procedures 
you must follow to maintain claims for which you have a waiver from the 
maintenance fee.
    The waiver qualification table in this section in the proposed rule 
now appears in section 3835.1 in the final rule.

Section 3835.13 How Long Do the Waivers Last and How do I Renew Them?

    One comment pointed out a drafting error in the table in this 
section, where we inadvertently switched the renewal requirements for 
two of the waiver types. We have corrected the error in the final rule.

Section 3835.14 How Do I File for a Small Miner Waiver for Newly-
Recorded Mining Claims?

    Comments found this section confusing, especially in light of 
provisions later in this subpart. We have removed redundant provisions 
from this section, and added a cross-reference to sections 3835.31 
through 3835.34, to make it clear when you must make filings under 
Section 314 of FLPMA for a newly-located claim or site if you have also 
submitted a waiver request at the time of recording the claim or site.

Section 3835.15 If I Qualify as a Small Miner, How Do I Apply for a 
Waiver if I Paid the Maintenance Fee in the Last Assessment Year?

    Some of the comments on this section betrayed such a lack of 
understanding of its meaning that it became clear to us that it was 
confusing and we needed to clarify the section. Following a suggestion 
in one comment, we added introductory text (1) telling you that you 
must submit a waiver request, and (2) cross-referring to the 
appropriate regulatory guidance for doing so. We also reworded the rest 
of the section to try to make it clearer. The section should not be 
read, as one comment interpreted it (perhaps with tongue in cheek), to 
require you to do ``twice the normal amount of assessment work during 
the first assessment year for which your maintenance fee was waived.''

Section 3835.16 If I Am a Qualified Small Miner, and I Obtained a 
Waiver in One Assessment Year, What Must I Do if I Want To Pay the 
Maintenance Fee for the Following Assessment Year?

    One comment said that this section was incorrect, that it should 
have required you to do the assessment work for the year before the 
year for which you obtained a waiver, rather than the year for which 
you obtained a waiver. While it is true that you must do assessment 
work for the year before you obtain a waiver, you must obtain a new 
waiver each year, having done the assessment work during each preceding 
assessment year as you go along. Of course, this amounts to a 
requirement that during every year covered by a waiver you must do 
assessment work, plus the year before your initial waiver request. 
Thus, if, for whatever reason, you wish to or are required to pay the 
maintenance fee in a subsequent year, the present year must necessarily 
be covered by a waiver, and you must do the assessment work for that 
year, ``the assessment year for which the fee was waived.'' We made no 
substantive change in this provision. The following table shows how the 
provision works, based on four possible scenarios that may describe the 
affected miner's situation; in the table, ``xx'' refers to the current 
calendar year:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  Assessment year                     Assessment year    FLPMA filing   Assessment year    FLPMA filing
     Assessment year end       FLPMA filing due         end        FLPMA filing due         end              due              end              due
--------------------------------------------------------------------------------------------------------------------------------------------------------
9/1/xx                         12/30/xx........  9/1/xx+1........  12/30/xx+1......  9/1/xx+2........  12/30/xx+2.....  9/1/xx+3.......  12/30/xx+3
------------------------------
If you paid the maintenance    No FLPMA filing   If you asserted   You must file     If you asserted   You must file    If you asserted  You must file
 fee.                           necessary.        small-miner       Notice of         small-miner       Proof of Labor   small-miner      Proof of Labor
                                                  waiver.           Intent to Hold    waiver.           for assessment   waiver.          for assessment
                                                                    your claim or                       year Sept.                        year Sept.
                                                                    site.                               xx+1 to Sept.                     xx+2 to Sept.
                                                                                                        xx+2.                             xx+3.
If you asserted small-miner    You must file     If you paid the   You must file     If you paid the   No FLPMA filing  If you paid the  No FLPMA filing
 waiver.                        Proof of Labor    maintenance fee.  Proof of Labor    maintenance fee.  necessary.       maintenance      necessary.
                                for assessment                      for assessment                                       fee.
                                year Sept. xx-1                     year Sept. xx
                                to Sept. xx.                        to Sept. xx+1.

[[Page 61059]]

 
If you paid the maintenance    No FLPMA filing   If you asserted   You must file     If you paid the   You must file    If you asserted  You must file
 fee.                           necessary.        small-miner       Notice of         maintenance fee.  Proof of Labor   small-miner      Notice of
                                                  waiver.           Intent to Hold                      for assessment   waiver.          Intent to Hold
                                                                    your claim or                       year Sept.                        your claim or
                                                                    site.                               xx+1 to Sept.                     site.
                                                                                                        xx+2.
If you asserted small-miner    You must file     If you paid the   You must file     If you asserted   You must file    If you the paid  You must file
 waiver.                        Proof of Labor    maintenance fee.  Proof of Labor    small-miner       Notice of        the              Proof of Labor
                                for assessment                      for assessment    waiver.           Intent to Hold   maintenance      for assessment
                                year Sept. xx-1                     year Sept. xx                       your claim or    fee.             year Sept.
                                to Sept. xx.                        to Sept. xx+1.                      site.                             xx+2 to Sept.
                                                                                                                                          xx+3.

Section 3835.17 What Additional Requirements Must I Fulfill To Obtain a 
Small Miner Waiver for My Mining Claims or Sites on National Park 
System Lands?

    A comment from the National Park Service asked that we add 
provisions instructing miners how to comply with waiver and assessment 
work requirements for mining claims on NPS lands, and provided language 
to serve that purpose. We have substantially adopted the recommended 
language. Your plan of operations must be approved by the NPS before 
you can begin, and your assessment work must further the goal of 
developing the mineral deposit. If NPS does not approve the plan in 
time to qualify for a small miner waiver, the final rule gives you 
three options: pay the maintenance fees; petition for a deferment of 
assessment work; or file for a lack of access waiver.

Subpart B--Conveying Mining Claims or Sites Under Waiver

Section 3835.20 Transferring, Selling, Inheriting, or Otherwise 
Conveying Mining Claims or Sites Already Subject to a Waiver.

    This section explains whether BLM will continue to apply a waiver 
to a mining claim after the person who first qualified for the waiver 
transfers it to another claimant. One comment stated that if a miner 
with a small miner waiver performs the required assessment work and 
then transfers a claim to a miner who does not qualify for a waiver, 
the second miner should not have to pay the maintenance fee. The 
argument is that the work done on the claim should have been effective 
for the whole assessment year and therefore should have excused the 
claim from the maintenance fee requirement.
    When a small miner conveys a claim to a claimant who does not 
qualify for a small miner waiver, the status of the claim changes 
immediately upon the transfer, and the waiver no longer applies. To 
retain the claim for the current assessment year, the transferee must 
pay the maintenance fee for the newly acquired claim. Under this 
scenario, assessment work previously done to hold the claim is not an 
acceptable alternative to paying the maintenance fee, as the comment 
seems to be saying. Doing assessment work is never an optional 
alternative to paying the maintenance fee for claimants who own more 
than 10 claims or sites.
    Another comment found paragraph (b) as proposed to be confusing. We 
have amended the paragraph to explain to claimants who do not qualify 
for a waiver what they must do to maintain a claim that they obtain 
from someone who did qualify for a waiver.

Subpart C--Annual FLPMA Filings

Section 3835.31 When Do I File an Annual FLPMA Document?

    Several comments stated that the proposed language of sections 
3835.31 and 3835.32 was ambiguous and confusing. Some offered 
substitute language. They stated that we omitted crucial information 
that claims could be forfeited if the claimant did not record an 
affidavit of assessment work or notice of intention to hold in the 
local recording office before the statutory deadline. They also 
criticized some imprecise wording as to where annual FLPMA filings must 
be filed, and what year is meant by ``December 30th of the calendar 
year in which the assessment year ends.'' They questioned the meaning 
of ``current assessment year'' in paragraph (c). They disputed a 
statement in paragraph (a) that you must submit a FLPMA filing by 
December 30th of the calendar year in which the assessment year ends, 
saying that this contradicted the statutory provision that paying the 
maintenance fee satisfies the FLPMA filing requirement.
    We have combined sections 3835.31 and 3835.32 in the final rule to 
clarify when you must make filings and what filing is required under 
various circumstances. We have also amended the table that describes 
the filing requirements and deadlines.
    One comment suggested adding a ``situation'' to the table now in 
paragraph (d) of this section. It would describe what happens if you 
have a deferment of assessment work: the regulations would not require 
an affidavit of assessment work, but you would have to file a notice of 
intent to hold. We have added this situation to the table, with a 
reference to paragraph (c) of this section, which describes this 
situation and the actions you must take.
    One comment stated that paragraph (h) in the table was inaccurate 
because it did not account for the fact that most claimants would be 
paying the maintenance fee. The comment suggested that the provision 
should merely state BLM does not require an affidavit or notice after 
you obtain the mineral entry final certificate. We have amended 
paragraph (h) as suggested by the comment.

Section 3835.32 What Should I Include When I Submit an Affidavit of 
Assessment Work?

    This section appeared as section 3835.33 in the proposed rule. 
Several comments stated that the regulatory text was not specific and 
clear enough in this section as to what form and type of assessment 
work documents have to be filed. The comments focused on what we meant 
by evidence of assessment work, by a copy of the surveys that you must 
file with BLM, and what documents need to be recorded in the local 
recording office, and offered alternative language. We have revised the 
section to be even more specific. We make it clear that FLPMA allows 
you to submit a detailed report of geological, geochemical, and 
geophysical surveys and reports, as provided in 30 U.S.C. 28-1, in lieu 
of an affidavit of assessment work.

Section 3835.33 What Should I Include When I Submit a Notice of Intent 
To Hold?

    This section appeared as section 3835.34 in the proposed rule. Two 
comments addressing the section noted that FLPMA does not require the 
signatures of all claim holders on a Notice of Intent to Hold (NOI), as 
required in the proposed rule. The comment is correct and the language 
has been revised to require that one or more co-owners must sign the 
NOI to make it effective.
    The comments also stated that the regulations did not clearly 
include the FLPMA requirement that the document you file with BLM must 
be a copy of the

[[Page 61060]]

document you filed with the local recording office. We have amended 
paragraph (a) of this section to make it clear that you must file with 
BLM a copy of the notice of intent to hold that you have recorded or 
will record with the county.

Subpart D--Defective Waivers and FLPMA Filings

Sections 3835.91-3835.93.

    Numerous Comments stated that some provisions in these sections 
were ambiguous as proposed. Some comments included alternative 
language. After a careful analysis, BLM has amended these sections to 
include plainer identification of the possible defects, the penalties, 
and the remedies available.

Section 3835.91 What If I Fail To File Annual FLPMA Documents?

    One comment stated that ``on time'' was insufficiently specific as 
a standard for making annual FLPMA filings, and requested a specific 
date instead. We amended this section to provide the specific annual 
deadline of December 30.

Section 3835.92 What If I Fail To Submit a Qualified Waiver Request?

    One comment asked that we amend this section to--
    [sbull] Define the term ``qualified waiver request'';
    [sbull] Define ``on time''; and
    [sbull] Clarify the difference between ``defective waiver'' and 
``non-qualified waiver.''
    We amended this section in the final rule by adding a cross-
reference to an explanation of qualifying for a waiver, and by stating 
the actual deadline rather than saying ``on time.'' In this section, we 
no longer refer to ``qualified waiver requests'' or ``qualified 
waivers.''
    These comments also stated that paragraph (d) must be amended to 
make it clear that it is only in the case where a miner has filed a 
waiver request but does not pay the maintenance fee that a co-owner's 
failure to qualify as a small miner will invalidate the claim. We have 
amended paragraph (d) to clarify that if you, a co-claimant, or any 
related parties file small miner waivers for more than 10 mining claims 
or sites and also fail to pay the maintenance fee for each claim or 
site, the claims and sites will be forfeited. We have also added 
language that states that you may be subject to criminal penalties if 
you attempt to obtain a small miner waiver for more than 10 mining 
claims or sites.

Part 3836--Annual Assessment Work Requirements for Mining Claims

    This part consolidates the provisions of current part 3851 on 
performing and recording assessment work, which is sometimes a 
condition for a maintenance fee waiver. Sections 3836.10 through 
3836.15 identify the types of work that qualify as assessment work, and 
tell you how to record the work. Section 3836.16 discusses what happens 
if you fail to perform assessment work. If you are a qualified small 
miner, and you have been denied access to your claims, you may petition 
BLM to defer assessment work as outlined in sections 3836.20 through 
3836.25.

Subpart A--Performing Assessment Work

Section 3836.11 What Are the General Requirements for Performing 
Assessment Work?

    Several comments addressed this section. One comment stated that 
paragraph (a) should say that assessment work must be done before the 
small miner waiver deadline in order to qualify for the waiver. The 
comment is correct. We have amended the rule accordingly.
    Another comment pointed out that the requirement in paragraph (a) 
to do assessment work for every claim every year does not recognize 
that you need not perform assessment work in the assessment year during 
which you locate a new claim. We have amended this provision in light 
of the comment.
    Several comments stated that our interpretation in paragraph (b) of 
the assessment provision of the General Mining Law is erroneous. A 
comment also challenged the ``on claim'' provision, stating that some 
work can be performed off site and still qualify. We are not aware of 
any case law that would disallow BLM's longstanding practice of 
allowing claimants to comply with the assessment work requirement by 
conducting work on a group of contiguous claims that cover the same 
deposit. In addition, the Supreme Court in St. Louis Smelting & 
Refining Co. v. Kemp, 104 U.S. 636 (1881), held that off site work 
qualifies as assessment work so long as it supports development of the 
claim. BLM therefore has amended this provision in the final rule 
accordingly.
    Some of these comments said that this paragraph was not clearly 
worded. We have amended the language to try to make it more clear.

Section 3836.14 What Other Requirements Must Geological, Geochemical, 
or Geophysical Surveys Meet to Qualify As Assessment Work?

    One comment questioned the term ``local district recording 
office'', which was a typographical error in the proposed rule. The 
term ``local recording office'' replaces it in the final rule.

Subpart B--Deferment of Assessment Work

Section 3836.21 How Do I Qualify for a Deferment of Assessment Work on 
My Mining Claims?

    One comment stated that this provision in the proposed rule seemed 
garbled, and left incomplete the reasons allowed for obtaining a 
deferment of assessment work. The comment stated that it did not 
specifically allow for deferment when a unit of government has issued a 
declaration of taking. We have revised this paragraph in light of the 
comment.

Section 3836.22 How Do I Qualify for a Deferment of Assessment Work on 
My Mining Claims That Are on National Park System (NPS) Lands?

    We have added this section in the final rule in response to a 
public comment. A comment addressed the issue of deferments and 
documentation on Nation Park System lands, stating that the rule should 
explain the procedure for obtaining a deferment of assessment work for 
claims situated on National Park System land. The comment suggested 
language to fix the problem. We accepted this recommendation and 
created a new section 3836.22, renumbering proposed section 3836.22 as 
3836.23.

Section 3836.23 How Do I Petition for Deferment?

    Several comments asked why a petition for deferment must be 
submitted in duplicate. The requirement is obsolete, a holdover from 
old General Land Office regulations promulgated when photocopy machines 
could have appeared only in science fiction. It is clearly no longer 
necessary, and we have removed it in the final rule.
    These comments also suggested the following amendments to clarify 
this section--
    [sbull] Amend paragraph (a)(4) to make it clear that you must meet 
its requirements only if the provisions of the paragraph apply to your 
situation. We have amended the paragraph to make clear that you must 
file a statement that you plan to submit a small miner waiver form on 
or before

[[Page 61061]]

September 1st, since you need not conduct assessment work unless you 
are going to file for a small miner waiver from the $100 maintenance 
fee;
    [sbull] In paragraph (b)(1), clarify the meaning of ``nature of the 
land'' (which must be described by applicants for a right-of-way to a 
claim). We have added words to clarify what you must describe in your 
petition;
    [sbull] In paragraph (c), add references to declarations and 
notices of taking. We have added a provision at section 3836.21(b) in 
the final rule adding these to the circumstances qualifying you for a 
deferment of assessment work.

Part 3837--Acquiring a Delinquent Co-Claimant's Interests in a Mining 
Claim or Site

    This part consolidates the procedures in current subpart 3851 and 
30 U.S.C. 28 for acquiring the interests of a delinquent co-claimant in 
a mining claim or site when the co-claimant has failed to contribute a 
proportionate share of the assessment work, expenditures, or 
maintenance fees. Sections 3837.10 and 3837.11 state the conditions for 
acquisition and sections 3837.20 through 3837.24 lay out the steps for 
acquisition. Section 3837.30 provides guidance in the event of a 
dispute between co-claimants.

Subpart A--Conditions for Acquiring a Delinquent Co-Claimant's 
Interests in a Mining Claim or Site

Section 3737.11 When May I Acquire a Delinquent Co-Claimant's Interests 
In a Mining Claim Or Site?

    One comment found the opening sentence of paragraph (a)(4) somewhat 
unclear and suggested that we lay out the timing of the notice and the 
co-claimants' acquisition of the delinquent's rights more clearly. We 
have adopted language suggested in the comment. The delinquent co-
claimant has 90 days from the date the claimant received actual notice 
or 90 days from the date the publication period ended in which to carry 
out a proportionate share of the assessment work or to pay a 
proportionate share of expenditures or maintenance fees or forfeit all 
interest in the claim to the other co-claimants.
    In this final rule, we amended the title of this section by 
changing the first word from ``how'' to ``when.''

Subpart B--Acquisition Procedures

Section 3737.21 How Do I Notify the Delinquent Co-Claimant That I Want 
To Acquire His or Her Interests?

and

Section 3737.23 How Do I Notify BLM That I Have Acquired a Delinquent 
Co-Claimant's Interests In a Mining Claim or Site?

    Several comments objected to the requirement that a co-claimant 
conduct a diligent search to locate a missing co-locator before we 
allow publication of a notice and potential loss of ownership interest. 
The comments questioned our authority to require this procedure, saying 
that 30 U.S.C. 28 ``simply give the option of personal notice in 
writing or notice by publication.'' The Secretary has such authority 
under 43 U.S.C. 1201 to establish, by regulation, such rules and 
procedures as she deems necessary for the orderly conduct of business 
on the public lands. Over the last 10 years, BLM has seen instances in 
which this provision is used inequitably. For example, some claimants 
who know how to contact a co-claimant have instead published notice in 
a newspaper, hoping that the co-claimant would not see the notice. In 
order to protect the rights of all claimants, we have amended the 
regulations to establish a simple sequence of steps that the other co-
claimants must follow before being allowed to deprive a delinquent co-
claimant of an interest in the claim or site.

Part 3838--Special Procedures for Locating and Recording Mining Claims 
and Tunnel Sites on Stockraising Homestead Act Lands

    This part contains special procedures for exploring for minerals 
and locating, recording, and maintaining mining claims or tunnel sites 
located on or under Stockraising Homestead Act (SRHA) lands. If you 
want to locate mining claims on SRHA lands, you must take these special 
steps before locating, recording, and maintaining mining claims or 
tunnel sites under this part. These procedures are required by the Act 
of April 16, 1993; Public Law 103-23; 43 U.S.C. 299(b). The Act took 
effect on October 13, 1993.
    Sections 3838.1 and 3838.2 describe what SRHA lands are, and why 
claims or sites on them require special procedures. Sections 3838.10 
through 3838.14 and section 3838.16 discuss the procedures for 
exploring for minerals and locating mining claims on SRHA lands. 
Specifically, you must record a notice of intent to locate mining 
claims (NOITL) with BLM, and serve a copy of the NOITL on the surface 
owners. You must then wait 30 days before entering the lands to explore 
for minerals or locate any mining claims. Section 3838.15 describes the 
benefits you receive when you file a NOITL, while sections 3838.90 and 
3838.91 state the consequences of failing to file a NOITL.

Subpart B--Locating and Recording Mining Claims and Tunnel Sites on 
SRHA Lands

Section 3838.12 What Must I Include In a NOITL on SRHA Lands?

    We revised this section to improve clarity, based on our own review 
of the proposed rule. We have made it clear that a duly-authorized 
agent may file the NOITL on behalf of claimants. We have also expanded 
the list of evidence that you may submit to show surface ownership to 
include tax assessments and receipts, and title insurance 
documentation.

Section 3838.13 What Restrictions Are There On Recording a NOITL on 
SRHA Lands?

    One comment, supported by two others, stated that BLM lacked 
statutory authority, in paragraph (d), to impose a 30 day waiting 
period after the expiration of a NOITL before the same claimant may 
file a new NOITL. As noted above, under 43 U.S.C. 1201, BLM has such 
authority. We drafted this provision to correct abuses of the system 
whereby certain individuals were filing a new NOITL every 90 days over 
the same land and never locating mining claims. Their purpose was to 
keep other potential claimants out.

Section 3838.15 How Do I Benefit From Properly Filing a NOITL on SRHA 
Lands?

    One comment, supported by two others, stated that the period during 
which a claimant may enter lands covered by a NOITL does not begin when 
BLM accepts the NOITL, but 30 days after notice is provided under 43 
U.S.C. 299(b)(3). It went on to state that the exploration period 
``ends 90 days after the NOITL was filed with BLM.'' The comment 
correctly states the law and we have revised the introductory text of 
paragraph (a) accordingly. In order to maximize the 90-day time period 
after you file a NOITL with BLM, you may give the surface owner notice 
30 days before you plan to file the NOITL with BLM. If you give the 
surface owner notice at the same time you file a NOITL with BLM, the 
90-day exploration and location period will be effectively diminished 
by the 30 days you must wait after you give the surface owner notice.

Part 3839--Special Laws, in Addition to FLPMA, That Require Recording 
or Notice

    We are reserving this part for future consolidation of regulations 
about

[[Page 61062]]

recording and notice requirements and contest procedures under certain 
special laws. The current regulations are found in 43 CFR parts 3710, 
3730, 3740, 3810, and 3820. These parts cover surface rights 
determinations under the Surface Resources Act of 1955; permission to 
use or occupy placer mining claims located in power site withdrawals 
under the Mining Claim Rights Restoration Act of 1955; conflict 
resolution between mining claims and mineral leases under the Multiple 
Mineral Development Act of 1954; and timber use on O. and C. lands 
(Revested Oregon and California Railroad and Reconveyed Coos Bay Wagon 
Road Grant Lands) in Oregon by mining claimants.

Part 3840--Nature and Classes of Mining Claims

    BLM has moved the provisions of part 3840, which describes the 
types of claims or sites and how to locate and record them, to parts 
3832 and 3833. See the conversion chart earlier in this preamble.

Part 3850--Assessment Work

    BLM has moved the provisions of part 3850, which describes 
assessment work requirements, to part 3836.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    In accordance with the criteria in Executive Order 12866, this rule 
is a significant regulatory action. The Office of Management and Budget 
(OMB) makes the final determination under Executive Order 12866.
    [sbull] 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 $24 
million since 1999. This rule does not change the fee amounts and thus 
will not have a significant impact on fees collected.
    [sbull] This rule will not create inconsistencies with other 
agencies' actions. It does not change the relationships of BLM to other 
agencies and their actions.
    [sbull] 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.
    [sbull] This rule will not raise novel legal issues. 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 previous 1992, 1993, 
and 1998 Acts, which provided for the maintenance and location fees, 
and their implementing regulations.
    [sbull] The proposed rule raised a novel policy issue regarding the 
number of millsites that the Mining Law allows per mining claim. This 
final rule, although it reverses this policy proposal from the proposed 
rule, will likely continue to be controversial as to this matter. We 
have amended the final rule, as discussed earlier in this Preamble, to 
adopt previous prevalent practice as the standard in this connection.

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. 
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:
    [sbull] 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. Under this rule claimants will pay about $20 
million annually.
    [sbull] 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.
    [sbull] 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.):
    [sbull] This rule will not ``significantly or uniquely'' affect 
small governments. A Small Government Agency Plan is unnecessary.
    [sbull] 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 previous 1992, 1993, and 1998 Acts and the BLM 
rules thereunder as a proper exercise of Congressional and Executive 
authorities.

Executive Order 13132, 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 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with E.O. 13175, we have found that this final rule 
does not include policies that have tribal implications. Because this 
rule does not specifically involve Indian reservation lands (which are 
closed to the operation of the general mining law), we believe that 
relations with Indians, Indian tribes, and tribal governments will 
remain unaffected.

Executive Order 12988, Civil Justice Reform

    In accordance with Executive Order 12988, BLM finds that the rule 
does not

[[Page 61063]]

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 proposed 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 under the 
Paperwork Reduction Act. This rule makes no changes to the approved 
information collection required to implement the Act other than 
conforming section numbers where necessary.
    The existing approval pertains to the current edition of these 
regulations at 43 CFR parts 3730, 3820, 3830, and 3850. This final rule 
consolidates these parts into 43 CFR part 3830. The information to be 
collected remains the same. There are no changes in the form or types 
of information to be collected, or in the amounts of fees required to 
be paid by the mining claimants. The BLM will continue to use form 
3830-2 ``Maintenance Fee Payment Waiver Certification'' and form 3830-3 
``Notice of Intent to Locate a Lode or Placer Mining Claim and/or a 
Tunnel Site(s) on Lands Patented Under the Stockraising Homestead Act 
of 1916, as amended by the Act of April 16, 1993.''

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). We have 
conducted an environmental assessment and have concluded that this rule 
would not have a significant impact on 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), and therefore an 
Environmental Impact Statement is not required.
    Because this rule would have no significant impacts on the 
environment, it will not significantly impact any of 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.

Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This rule is not a significant energy action. It will not have an 
adverse effect on energy supplies. The rule pertains primarily to non-
energy minerals (exceptions being uranium and other locatable 
fissionable minerals), and does not impose requirements that are not 
statutory and imposes no new requirements. It relaxes some paperwork 
requirements that have long been in the regulations, removing minor 
burdens like required notarizations and multiple copies of filings. To 
this extent, the rule may have some insignificant positive effect on 
energy production.

Author

    The principal author of this proposed rule is Roger Haskins in the 
Solid Minerals Group, assisted by Mrs. Pamela Stiles of the BLM 
Cheyenne Office, Mrs. Connie Schaff of the BLM Billings Office, and Ted 
Hudson in the Regulatory Affairs Group, Washington Office, BLM.

List of Subjects

43 CFR Part 3710

    Administrative practice and procedure; Mines; Public lands--mineral 
resources.

43 CFR Part 3730

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



43 CFR Part 3810

    Mines; Public lands--mineral resources; Reporting and recordkeeping 
requirements.

43 CFR Part 3820

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

43 CFR Part 3830

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

43 CFR Part 3831

    Mines; Public lands--mineral resources; Reporting and recordkeeping 
requirements.

43 CFR Part 3832

    Mines; Public lands--mineral resources; Reporting and recordkeeping 
requirements.

43 CFR Part 3833

    Mines; Public lands--mineral resources; Reporting and recordkeeping 
requirements.

43 CFR Part 3834

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

43 CFR Part 3835

    Mines; Public lands--mineral resources; Reporting and recordkeeping 
requirements.

43 CFR Part 3836

    Assessment work; Mines; Public lands--mineral resources; Reporting 
and recordkeeping requirements.

43 CFR Part 3837

    Assessment work; Mines; Public lands--mineral resources; Reporting 
and recordkeeping requirements.

43 CFR Part 3838

    Homesteads; Mines; Public lands--mineral resources; Reporting and 
recordkeeping requirements.

43 CFR Part 3839

    Mines; Public lands--mineral resources; Reporting and recordkeeping 
requirements.

43 CFR Part 3840

    Mines; Public lands--mineral resources.

43 CFR Part 3850

    Mines; Public lands--mineral resources.


0
For the reasons stated in the preamble, and under the authority of 
section (e) of the Act of October 21, 1998 (Pub. 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 through 3840, and 3850, Groups 3700 and 3800, 
Subchapter C, Chapter II of Title 43 of the Code of Federal Regulations 
are amended as follows:


[[Page 61064]]


    Dated: October 9, 2003.
Rebecca W. Watson,
Assistant Secretary of the Interior.

PART 3710--PUBLIC LAW 167; ACT OF JULY 23, 1955

0
1. Add an authority citation for part 3710 to read as follows:

    Authority: 30 U.S.C. 22 et seq.; 30 U.S.C. 611-615; 43 U.S.C. 
1201; 43 U.S.C. 1740.


0
2. Remove subpart 3711 in its entirety.

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

0
3. Revise the authority citation for part 3730 to read as follows:

    Authority: 30 U.S.C. 22 et seq.; 30 U.S.C. 28f-k; 30 U.S.C. 621-
625; 43 U.S.C. 1201; 43 U.S.C. 1740; 43 U.S.C. 1744.

Subpart 3734--Location and Assessment Work

0
4. Amend Sec.  3734.1 as follows:
0
a. By removing in the first sentence of paragraph (a) the citation 
``Sec. Sec.  3833.1, 3833.3, 3833.4, and 3833.5 of this title'' and 
adding in its place the citation ``part 3833 of this chapter'';
0
b. By removing in the first sentence of paragraph (a) the citation 
``subpart 3833'' and substituting the citation ``part 3830'';
0
c. By removing in the second sentence of paragraph (a) the citation 
``Sec.  3833.5(c)'' and adding in its place the words ``part 3833'';
0
d. By revising paragraph (c) to read as follows:


Sec.  3734.1  Owner of claim to file notice of location and assessment 
work.

* * * * *
    (c) The owner of any unpatented mining claim, mill site, or tunnel 
site located on land described in Sec.  3730.0-1 of this chapter may 
either:
    (1) Perform and record annual assessment work if the owner 
qualifies as a small miner under part 3835 of this chapter; or
    (2) Pay an annual maintenance fee of $100 per unpatented mining 
claim, mill site, or tunnel site in lieu of the annual assessment work 
or notice of intention to hold, under subpart 3834 of this chapter.

PART 3810--LANDS AND MINERALS SUBJECT TO LOCATION

0
5. The authority citation for part 3810 continues to read as follows:

    Authority: 30 U.S.C. 22 et seq.; 43 U.S.C. 1201; 43 U.S.C. 1740.

Subpart 3812--Minerals Under the Mining Laws [Removed]

0
6. Remove subpart 3812 in its entirety.

PART 3820--AREAS SUBJECT TO SPECIAL MINING LAWS

0
7. Revise the authority citation for part 3820 to read as follows:

    Authority: 30 U.S.C. 22 et seq.; 43 U.S.C. 1201; 43 U.S.C. 1740; 
62 Stat. 162.

Subpart 3821--O and C Lands


Sec.  3821.2  [Amended]

0
8. Amend Sec.  3821.2 as follows:
0
a. By removing in the first sentence the citations ``Sec. Sec.  3833.1, 
3833.3, 3833.4, and 3833.5'' and adding in their place the citation 
``part 3833 of this chapter'';
0
b. By removing from the first sentence the citation ``subpart 3833 of 
this title'' and adding in its place the citation ``parts 3830 through 
3839 of this chapter''; and
0
c. By removing from the second sentence the phrase ``3833.5 of this 
title'' and adding in its place the phrase ``part 3833 of this 
chapter.''

0
9. Revise Sec.  3821.3 to read as follows:


Sec.  3821.3  Requirement for filing statement of assessment work.

    The owner of an unpatented mining claim, mill site, or tunnel site 
located on O and C lands may either:
    (a) Perform and record proof of annual assessment work if qualified 
as a small miner under part 3835 of this chapter; or
    (b) Pay an annual maintenance fee of $100 per unpatented mining 
claim, mill site, or tunnel site under part 3834 of this chapter.

0
10. Revise part 3830 to read as follows:

PART 3830--LOCATING, RECORDING, AND MAINTAINING MINING CLAIMS OR 
SITES; GENERAL PROVISIONS

Subpart A--Introduction
Sec.
3830.1 What is the purpose of parts 3830--3839?
3830.2 What is the scope of parts 3830--3839?
3830.3 Who may locate mining claims?
3830.5 Definitions.
Subpart B--Providing Information to BLM
3830.8 How will BLM use the information it collects and what does it 
estimate the burden is on the public?
3830.9 What will happen if I record a document with BLM that I know 
contains false, erroneous, or fictitious information or statements?
Subpart C--Mining Law Minerals
3830.10 Locatable minerals.
3830.11 Which minerals are locatable under the General Mining Law?
3830.12 What are the characteristics of a locatable mineral?
Subpart D--BLM Service Charge and Fee Requirements
3830.20 Payment of service charges, location fees, initial 
maintenance fees, annual maintenance fees, and oil shale fees.
3830.21 What are the different types of service charges and fees?
3830.22 Will BLM refund service charges or fees?
3830.23 What types of payment will BLM accept?
3830.24 How do I make payments?
3830.25 When do I pay for recording a new notice or certificate of 
location for a mining claim or site?
Subpart E--Failure To Comply With These Regulations
3830.90 Failure to comply with these regulations.
3830.91 What happens if I fail to comply with these regulations?
3830.92 What special provisions apply to oil placer mining claims?
3830.93 When are defects curable?
3830.94 How do I cure a defect in my compliance with parts 3830--
3839?
3830.95 What if I pay only part of the service charges, location 
fees, or first-year maintenance fees for newly-recorded claims or 
sites?
3830.96 What if I pay only part of the service charges and fees for 
oil shale claims or previously-recorded mining claims or sites?
3830.97 What if I pay only part of the service charges for a notice 
of intent to locate mining claims on SRHA lands?
Subpart F--Appeals
3830.100 How do I appeal a final decision by BLM?

    Authority: 43 U.S.C. 2, 1201, 1740, 1744; 30 U.S.C. 22 et seq.; 
30 U.S.C. 611; 31 U.S.C. 9701; 43 U.S.C. 1457, 1474; 18 U.S.C. 1001, 
3571; 43 U.S.C. 1212; 115 Stat 414; 44 U.S.C. 3501 et seq.; 30 
U.S.C. 242.

Subpart A--Introduction


Sec.  3830.1  What is the purpose of parts 3830--3839?

    In this part 3830, references to ``these regulations'' are 
references to parts 3830 through 3839 of this chapter.
    (a) These regulations describe the steps you, as a mining claimant, 
must take regarding mining claims or sites on the Federal lands under 
Federal law, to--
    (1) Locate (see part 3832 of this chapter);
    (2) Maintain (see parts 3834 through 3836 of this chapter);
    (3) Amend (see part 3833, subpart B, of this chapter); and
    (4) Transfer (see part 3833, subpart C, and part 3835, subpart B, 
of this chapter) mining claims or sites on the Federal lands under 
Federal law.
    (b) These regulations apply to--

[[Page 61065]]

    (1) Lode and placer mining claims (see part 3832, subpart B, of 
this chapter);
    (2) Mill sites (see part 3832, subpart C, of this chapter);
    (3) Tunnel sites (see part 3832, subpart D, of this chapter);
    (4) Oil shale claims (see Sec.  3830.92);
    (5) Location of uncommon varieties of mineral materials (see Sec.  
3830.12(b));
    (6) Delinquent co-claimants (see part 3837 of this chapter); and
    (7) Mining claims and tunnel sites on Stockraising Homestead Act 
lands (see part 3838 of this chapter).
    (c) In addition to these regulations, there are State law 
requirements that apply to you. If any State law conflicts with the 
requirements in these regulations, you must still comply with these 
regulations. These regulations do not describe State law requirements.


Sec.  3830.2  What is the scope of these regulations?

    These regulations govern locating, recording, and maintaining 
mining claims, mill sites, and tunnel sites on all Federal lands. These 
regulations do not authorize locating any new mining claims on Federal 
lands closed to mineral entry, including units of the National Park 
Service.
    (a) You must follow the recording and maintenance requirements in 
this part even if BLM has actual knowledge of the existence of your 
mining claims or sites through other means.
    (b) Part 3838 of this chapter describes supplemental procedures for 
locating mining claims or sites on land subject to the Stockraising 
Homestead Act, 43 U.S.C. 291-299.
    (c) BLM is not the official recording office for ancillary 
documents concerning mining claims or sites, including but not limited 
to, leases, wills, judgments, liens, option agreements, and grubstake 
contracts.


Sec.  3830.3  Who may locate mining claims?

    Persons qualified to locate mining claims or sites under this part 
include:
    (a) United States citizens who have reached the age of discretion 
under the law of their State of residence;
    (b) Legal immigrants who have filed an application for citizenship 
with the proper Federal agency;
    (c) Business entities organized under the laws of any state, 
including but not limited to corporations and partnerships; or
    (d) Duly constituted and appointed agents acting on behalf of 
locators qualified under paragraph (a), (b), or (c) of this section.


Sec.  3830.5  Definitions.

    Aliquot part means a legal subdivision of a section of a township 
and range, except fractional lots, by division into halves or quarters.
    Amendment means the act of making a change in a previously recorded 
mining claim or site as described in Sec.  3833.21 of this chapter.
    Annual FLPMA documents means either a notice of intent to hold, or 
an affidavit of assessment work, as prescribed in section 314(a) of 
FLPMA (43 U.S.C. 1744(a)). The term ``proof of labor'' (commonly used 
to describe this document) means the same as ``affidavit of assessment 
work'' as used in this part. See parts 3835 and 3836 of this chapter 
for further information.
    Assessment year means a period of 12 consecutive months beginning 
at 12 noon on September 1 each year. See part 3836 of this chapter for 
further information.
    Bench placer claim means a placer mining claim located on terraces 
or former floodplains made of gravel or sediment or both on the valley 
wall or slope above the current riverbed, and created when the river 
previously was at a higher topographic level than now.
    BLM State Office means the Bureau of Land Management State Office 
listed in Sec.  1821.10 of this chapter having jurisdiction over the 
land in which the mining claims or sites are situated. The Northern 
District Office in Fairbanks may also receive and accept documents, 
filings, and fees for mining claims or sites in Alaska.
    Claimant means the person under state or Federal law who is the 
owner of all or any part of an unpatented mining claim or site.
    Closed to mineral entry means the land is not available for the 
location of mining claims or sites because Congress, BLM, or another 
surface managing agency has withdrawn or otherwise segregated the lands 
from the operation of the General Mining Law, often subject to valid 
existing rights.
    Control means actual control, legal control, or the power to 
exercise control, through or by common directors, officers, 
stockholders, a voting trust, or a holding company or investment 
company, or any other means. BLM may determine, based on evidence that 
we find adequate, that a stockholder who is not an officer or director, 
or who is not a majority shareholder, of a company or corporation 
exercises control as defined in these regulations.
    Discovery means that a mining claimant has found a valuable mineral 
deposit.
    Federal lands means any lands or interest in lands owned by the 
United States, subject to location under the General Mining Law, 
including, but not limited to, those lands within forest reservations 
in the National Forest System and wildlife refuges in the National 
Wildlife Refuge System.
    Filed means a document is--
    (a) Received by BLM on or before the due date; or
    (b)(1) Postmarked or otherwise clearly identified as sent on or 
before the due date by a bona fide mail delivery service, and
    (2) Received by the appropriate BLM state office either:
    (i) Within 15 calendar days after the due date; or
    (ii) On the next business day after the 15th day, if the 15th day 
is not a business day (see subpart 1822 of this chapter).
    Final certificate means a form that BLM issues during its 
processing of a mineral patent application. (In 1999, BLM changed this 
form from two-part form to a single form that BLM completes toward the 
end of the patenting process.) The form indicates that BLM has reviewed 
the mineral patent application and conducted a validity determination 
and concluded that the applicant has:
    (a) Met all of the paperwork requirements;
    (b) Published notice of the patent application and received no 
adverse claims;
    (c) Paid the purchase price; and
    (d) Discovered a valuable mineral deposit on mining claims or 
located mill sites on lands that are not mineral-in-character and are 
properly used or occupied.
    FLPMA means the Federal Land Policy and Management Act of 1976, as 
amended (43 U.S.C. 1701 et seq.).
    Forfeit or forfeiture means the voidance or invalidation of an 
unpatented mining claim or site. The terms ``abandoned and void'', 
``null and void,'' ``void ab initio'' and ``forfeited'' have the same 
effect in these regulations.
    General Mining Law means the Act of May 10, 1872, as amended, 
(codified as 30 U.S.C. 22--54).
    Gulch placer claim means a placer claim located on the bed of a 
river contained within steep, nonmineral canyon walls. The form of the 
river valley and nonmineral character of the valley walls preclude the 
location of the claim by aliquot parts and a metes and bounds 
description is necessary.
    Local recording office means the county or state government office 
established under state law where you are usually required to record 
all legal documents including, but not limited to, deeds and wills.

[[Page 61066]]

    Location fee means the one-time fee that 30 U.S.C. 28g requires you 
to pay for all new mining claims and sites at the time you record them 
with BLM. See Sec.  3830.21 for the table of fees.
    Maintenance fee means the initial or annual fee that 30 U.S.C. 28f 
requires you to pay to hold and maintain mining claims or sites. See 
Sec.  3830.21 for the table of fees.
    Metes and bounds means a method of describing a parcel of land that 
does not conform to the rectangular U.S. Public Land Survey System, 
using compass bearings and distances from a known point to a specified 
point on the parcel and then by using a continuous and sequential set 
of compass bearings and distances beginning at the point of beginning, 
continuing along and between the corners or boundary markers of the 
parcel's outer perimeter, until returning to the point of beginning.
    Mineral-in-character means land that is known, or can reasonably be 
inferred from the available geologic evidence, to contain:
    (a) Valuable minerals subject to location under the general mining 
law for purpose of locating mining claims or sites;
    (b) Mineral materials for purposes of disposal under part 3600 of 
this chapter.
    Mineral Leasing Acts means the Mineral Leasing Act of [February 
25,] 1920, as amended (30 U.S.C. 181 et seq.); the Geothermal Steam Act 
of 1970, as amended (30 U.S.C. 1001 et seq.); the Mineral Leasing Act 
for Acquired Lands of 1947, as amended, (30 U.S.C. 351 et seq.); and 
including all Acts referenced in 30 U.S.C. 505. The definition pertains 
to all minerals that BLM administers under Groups 3100, 3200, 3400, and 
3500 of this chapter.
    Mineral materials means those materials that--
    (a) BLM may sell under the Mineral Materials Act of July 31, 1947 
(30 U.S.C. 601-604), as amended by the Surface Resources Act of 1955 
(30 U.S.C. 601, 603, and 611-615); and
    (b) BLM administers under part 3600 of this chapter.
    Multiple Mineral Development Act means the Act of August 13, 1954, 
as amended (30 U.S.C. 521-531).
    Nonmineral land means land that is not mineral-in-character.
    Open to mineral entry means that the land is open to the location 
of mining claims or sites under the General Mining Law.
    Patent means a document conveying title to Federal surface and/or 
minerals.
    Recording means the act of filing a notice or certificate of 
location with the local recording office and BLM, as required by FLPMA.
    Related party means:
    (a) The spouse and dependent children of the claimant as defined in 
section 152 of the Internal Revenue Code of 1986; or
    (b) A person who controls, is controlled by, or is under common 
control with the claimant.
    Segregate or segregation means the Department of the Interior has 
closed the affected lands to mineral entry or withdrawn the affected 
lands from mining claim location, land transactions, or other uses as 
specified in a statute, regulation, or public land order affecting the 
land in question. The land remains segregated until the statutory 
period has expired, BLM ends the segregation under Sec.  2091.2-2 of 
this chapter, or the Department of the Interior removes the notation of 
segregation from its records, whichever occurs first.
    Service charge means an administrative fee that BLM assesses under 
this part to cover the cost of processing documents.
    Site means either an unpatented mill site authorized under 30 
U.S.C. 42 or a tunnel site authorized under 30 U.S.C. 27.
    Small miner means a claimant who, along with all related parties, 
holds no more than 10 mining claims or sites on Federal lands on the 
date annual maintenance fees are due, and meets the additional 
requirements of part 3835 of this chapter.
    Split estate lands means that lands where United States owns the 
mineral estate as part of the public domain, but not the surface.
    Surface Resources Act means the Act of July 23, 1955 (30 U.S.C. 
601, 603, and 611-615).
    Unpatented mining claim means a lode mining claim or a placer 
mining claim located and maintained under the General Mining Law for 
which BLM has not issued a mineral patent under 30 U.S.C. 29.

Subpart B--Providing Information to BLM


Sec.  3830.8  How will BLM use the information it collects and what 
does it estimate the burden is on the public?

    (a) The Office of Management and Budget has approved the 
collections of information contained in parts 3830-3838 of this chapter 
under 44 U.S.C. 3501 et seq. and has assigned clearance number 1004-
0114.
    (b) BLM will use the information collected to:
    (1) Keep records of mining claims or sites;
    (2) Maintain ownership records to those mining claims or sites;
    (3) Determine the geographic location of the mining claims or sites 
recorded for proper land management purposes; and
    (4) Determine which mining claims or sites the claimant wishes to 
continue to hold under applicable Federal statutes.
    (c) BLM estimates that the public reporting burden for this 
information averages 8 minutes per response. This burden includes time 
for reviewing instructions, searching existing records, gathering and 
maintaining the data collected, and completing and reviewing the 
information collected.
    (d) Send any comments on information collection, including your 
views on the burden estimate and how to reduce the burden, to: the 
Information Collection Clearance Officer (WO-630), Bureau of Land 
Management, Eastern States Office, 7450 Boston Boulevard, Springfield, 
Virginia 22153; and the Office of Management and Budget, Paperwork 
Reduction Project, 1004-0114, Washington, D.C. 20503.


Sec.  3830.9  What will happen if I file a document with BLM that I 
know contains false, erroneous, or fictitious information or 
statements?

    If you file a document that you know contains false, erroneous, or 
fictitious information or statements, you may be subject to criminal 
penalties under 18 U.S.C. 1001 and 43 U.S.C. 1212. The maximum penalty 
is 5 years in prison and/or a fine of $250,000.

Subpart C--Mining Law Minerals


Sec.  3830.10  Locatable minerals.


Sec.  3830.11  Which minerals are locatable under the General Mining 
Law?

    Minerals are locatable if they are:
    (a) Subject to the General Mining Law;
    (b) Not leasable under the Mineral Leasing Acts; and
    (c) Not salable under the Mineral Materials Act of 1947 and Surface 
Resources Act of 1955, 30 U.S.C. 601-615 (see parts 3600 through 3620 
of this chapter).


Sec.  3830.12  What are the characteristics of a locatable mineral?

    (a) Minerals are locatable if they meet the requirements in Sec.  
3830.11 and are:
    (1) Recognized as a mineral by the scientific community; and
    (2) Found on Federal lands open to mineral entry.
    (b) Under the Surface Resources Act, certain varieties of mineral 
materials are locatable if they are uncommon because they possess a 
distinct and special value. As provided in McClarty v. Secretary of the 
Interior, 408 F.2d 907

[[Page 61067]]

(9th Cir. 1969), we determine whether mineral materials have a distinct 
and special value by:
    (1) Comparing the mineral deposit in question with other deposits 
of such minerals generally;
    (2) Determining whether the mineral deposit in question has a 
unique physical property;
    (3) Determining whether the unique property gives the deposit a 
distinct and special value;
    (4) Determining whether, if the special value is for uses to which 
ordinary varieties of the mineral are put, the deposit has some 
distinct and special value for such use; and
    (5) Determining whether the distinct and special value is reflected 
by the higher price that the material commands in the market place.
    (c) Block pumice having one dimension of 2 or more inches is an 
uncommon variety of mineral material under the Surface Resources Act, 
and is subject to location under the mining laws.
    (d) Limestone of chemical or metallurgical grade, or that is 
suitable for making cement, is subject to location under the mining 
laws.
    (e) Gypsum suitable for the manufacture of wall board or plaster, 
or uses requiring a high state of purity, is subject to location under 
the mining laws.

Subpart D--BLM Service Charge and Fee Requirements


Sec.  3830.20  Payment of service charges, location fees, initial 
maintenance fees, annual maintenance fees and oil shale fees.


Sec.  3830.21  What are the different types of service charges and 
fees?

    The following table lists service charges, maintenance fees, 
location fees, and oil shale fees (all cross-references refer to this 
chapter):

------------------------------------------------------------------------
                                 Amount due per mining
          Transaction                claim or site      Waiver available
------------------------------------------------------------------------
(a) Recording a mining claim or  (1) A total of $135,   No.
 site location (part 3833).       which includes:.
                                 (i) A $10 service
                                  charge.
                                 (ii) A one-time $25
                                  location fee.
                                 (iii) An initial $100
                                  maintenance fee.
(b) Amending a mining claim or   A $5 service charge..  No.
 site location (Sec.   3833.20).
(c) Transferring a mining claim  A $5 service charge..  No.
 or site (Sec.   3833.30).
(d) Maintaining a mining claim   A $100 annual          Yes, see part
 or site for one assessment       maintenance fee.       3835.
 year (part 3834).
(e) Recording an annual FLPMA    A $5 service charge..  No.
 filing (Sec.   3835.30).
(f) Submitting a petition for    A $25 service charge.  No.
 deferment of assessment work
 (Sec.   3836.30).
(g) Maintaining an oil shale     An annual $550 fee...  No.
 placer mining claim (Sec.
 3834.11(b)).
(h) Recording a notice of        A $25 service charge.  No.
 intent to locate mining claims
 on Stockraising Homestead Act
 Lands (part 3838).
------------------------------------------------------------------------

Sec.  3830.22  Will BLM refund service charges or fees?

    (a) BLM will not refund service charges, except for overpayments.
    (b) BLM will refund maintenance and location fees if:
    (1) At the time you or your predecessor in interest located the 
mining claim or site, the location was on land not open to mineral 
entry or otherwise not available for mining claim or site location; or
    (2) At the time you paid the fees, the mining claim or site was 
void.
    (c) BLM will apply maintenance and location fee overpayments to 
future years if you so request.


Sec.  3830.23  What types of payment will BLM accept?

    (a) BLM will accept the following types of payments:
    (1) U.S. currency;
    (2) Postal money order payable in U.S. dollars to the Department of 
the Interior--Bureau of Land Management;
    (3) Check or other negotiable instrument payable in U.S. dollars to 
the Department of the Interior--Bureau of Land Management;
    (4) Valid credit card that is acceptable to the BLM; or
    (5) An authorized debit from a declining deposit account with BLM.
    (i) You may maintain a declining deposit account with the BLM State 
Office where your mining claims or sites are recorded.
    (ii) BLM will deduct service charges and fees or add overpayments 
to the account only when you authorize us to do so.
    (b) If the issuing institution of your check, negotiable 
instrument, or credit card refuses to pay and it is not because the 
institution made a mistake, BLM will treat the service charges and fees 
as unpaid.


Sec.  3830.24  How do I make payments?

    (a) You or your representative may bring payments to the BLM State 
Office by close of business on or before the due date.
    (b) If you use a credit card--
    (1) On or before the due date, you must send or fax a written 
authorization, bearing your signature; or
    (2) You may authorize BLM to use your credit card by telephone if 
you can satisfactorily establish your identity.
    (c) You may send payments using a bona fide mail delivery service.
    (1) The payment must be postmarked or clearly identified by the 
mail delivery service as being sent on or before the due date; and
    (2) The BLM State Office must receive the payment no later than 15 
calendar days after the due date.


Sec.  3830.25  When do I pay for recording a new notice or certificate 
of location for a mining claim or site?

    You must pay the service charge, location fee, and initial 
maintenance fee, in full, as provided in Sec.  3830.21 of this chapter, 
at the time you record new notices or certificates of location with 
BLM.

Subpart E--Failure To Comply With These Regulations


Sec.  3830.90  Failure to comply with these regulations.


Sec.  3830.91  What happens if I fail to comply with these regulations?

    (a) You will forfeit your mining claims or sites if you fail to--
    (1) Record a mining claim or site within 90 days after you locate 
it;
    (2) Pay the location fee or initial maintenance fee within 90 days 
after you locate it;
    (3) Pay the annual maintenance fee on or before the due date;
    (4) Submit a small miner waiver request on or before the due date 
(see Sec.  3835.1) and also fail to pay the annual maintenance fee on 
or before the due date;
    (5) List any claims or sites that you own on your small miner 
waiver request and fail to pay an annual maintenance

[[Page 61068]]

fee for the missing claims or sites on or before the due date;
    (6) Cure any defects in your timely small miner waiver request or 
pay the maintenance fee within the allowed time after BLM notifies you 
of the defects;
    (7) File an annual FLPMA filing on or before the due date, as 
applicable; or
    (8) Submit missing documentation or a complete payment after BLM 
notifies you that a filing or payment you made was defective, within 
the time allowed in the BLM notice.
    (b) You will forfeit your mining claim or site if you locate your 
mining claim or site on lands closed to mineral entry at the time you 
locate it.
    (c) Even if you forfeit your mining claims or sites, you remain 
responsible for--
    (1) All reclamation and performance requirements imposed by 
subparts 3802, 3809, or 3814 of this chapter; and
    (2) All other legal responsibilities imposed by other agencies or 
parties who have management authority over surface or subsurface 
operations.
    (d) Under the circumstances described in Sec. Sec.  3830.93 through 
3830.97, you may cure a failure to comply with these regulations.


Sec.  3830.92  What special provisions apply to oil placer mining 
claims?

    (a) Under 30 U.S.C. 188(f), you, as an oil placer mining claimant, 
may seek to convert an oil placer mining claim to a noncompetitive oil 
and gas lease under section 17(e) of the Mineral Leasing Act (30 U.S.C. 
226(e)), if:
    (1) BLM declared your oil placer mining claim abandoned and void 
under section 314 of FLPMA;
    (2) Your failure to comply with section 314 of FLPMA was 
inadvertent, justifiable, or not due to lack of reasonable diligence;
    (3) You or your predecessors in interest validly located the 
unpatented oil placer mining claim before February 25, 1920;
    (4) The claim has been or is currently producing or is capable of 
producing oil or gas; and
    (5) You have submitted a petition asking BLM to issue a 
noncompetitive oil and gas lease. Your petition must include the 
required rental and royalty payments, including back rental and royalty 
accruing from the statutory date of abandonment of the oil placer 
mining claim.
    (b) If BLM chooses to issue a noncompetitive oil and gas lease, the 
lease will be effective on the date that BLM declared your unpatented 
oil placer mining claim abandoned and void.


Sec.  3830.93  When are defects curable?

    (a) If there is a defect in your compliance with a statutory 
requirement, the defect is incurable if the statute does not give the 
Secretary authorit to permit exceptions (see Sec. Sec.  3930.91 and 
3833.91 of this chapter). If your payment, recording, or filing has 
incurable defects, the affected mining claims or sites are statutorily 
forfeited.
    (b) If there is a defect in your compliance with a regulatory, but 
not statutory, requirement, the defect is curable. You may correct 
curable defects when BLM gives you notice. If you fail to cure the 
defect within the time BLM allows, you will forfeit your mining claims 
or sites.


Sec.  3830.94  How may I cure a defect in my compliance with these 
regulations?

    (a)(1) When BLM determines that you have filed any document that is 
defective or underpaid a fee or service charge, BLM will send a notice 
to you by certified mail-return receipt requested at the address you 
gave on:
    (i) Your notice or certificate of location;
    (ii) An address correction you have filed with BLM; or
    (iii) A valid transfer document filed with BLM.
    (2) The notice provided for in paragraph (a)(1) of this section 
constitutes legal service even if you do not actually receive the 
notice or decision. See Sec.  1810.2 of this chapter.
    (b) If you have filed any defective document other than a defective 
fee waiver request, you must cure the defects within 30 days of 
receiving BLM's notification of the defects.
    (c) If you have submitted a defective fee waiver request, you must 
cure the defects or pay the annual maintenance fees within 60 days of 
receiving BLM's notification of the defects.
    (d) If BLM does not receive the requested information in the time 
allowed, or if the matter is statutorily not curable, you will receive 
a final decision from BLM that you forfeited the affected mining claims 
or sites.


Sec.  3830.95  What if I pay only part of the service charges, location 
fees, or first year maintenance fees for newly-recorded claims or 
sites?

    (a) If you pay only part of the service charges, maintenance fees, 
or location fees when recording new claims or sites, BLM will--
    (1) Assign serial numbers to each mining claim or site;
    (2) Treat the partial payment as payment of location and 
maintenance fees and apply the partial payment to the mining claims or 
sites in serial number order until the money runs out; and
    (3) Send a notice to you that you must pay any outstanding service 
charges as described in Sec.  3830.94. For example, BLM will apply the 
money to cover the location and maintenance fees for as many mining 
claims or sites as possible. BLM will return any remaining certificates 
or notices for which we cannot apply full payment of location and 
maintenance fees. BLM will apply any remaining funds as service charges 
in serial number order until the money runs out. BLM will then notify 
you if you must pay any outstanding service charges for mining claims 
or sites for which you paid location and maintenance fees, as provided 
in Sec.  3830.94.
    (b) If you want to resubmit the new location notices or 
certificates that BLM returned to you, you must do so with the complete 
service charges, location fees and maintenance fees within 90 days of 
the original date of location of the claim or site as defined under 
state law, or you will forfeit the affected mining claims or sites.
    (c) BLM will not record your mining claims or sites until you pay 
the full amount of all charges and fees for those claims or sites.


Sec.  3830.96  What if I pay only part of the service charges and fees 
for oil shale claims or previously-recorded mining claims or sites?

    (a) If you pay only part of the service charges due for any 
document filings or only part of the annual maintenance fees, or oil 
shale fees, for previously-recorded mining claims or sites, or any 
combination of these fees and charges, absent other instructions from 
you, BLM will apply the partial payment in serial number order until 
the money runs out.
    (b) For any claims or sites for which there are no funds in your 
partial payment to pay the maintenance fees, oil shale fees, or 
location fees, you will forfeit the mining claims or sites not covered 
by your partial payment unless you submit the additional funds 
necessary to complete the full payment by the due date.
    (c) For any claims or sites for which there are no funds in your 
partial payment to pay the service charges, BLM will send a notice to 
you that you must pay the outstanding service charges as described in 
Sec.  3830.94.


Sec.  3830.97  What if I pay only part of the service charges for a 
notice of intent to locate mining claims on SRHA lands?

    For notices of intent to locate mining claims (NOITL) under the 
Stockraising Homestead Act (see part 3838 of this chapter for 
information regarding the

[[Page 61069]]

Stockraising Homestead Act and NOITLs), BLM will not accept a NOITL 
unless we receive your payment of the required service charges. BLM 
will return the NOITL to you without taking any further action. See 
Sec.  3830.21 of this part for the amount of the service charge for a 
NOITL.

Subpart F--Appeals


Sec.  3830.100  How do I appeal a final decision by BLM?

    If you are adversely affected by a BLM decision under parts 3830--
3839, you may appeal the decision in accordance with parts 4 and 1840 
of this title.

PART 3831--MINERAL LANDS AVAILABLE FOR LOCATING MINING CLAIMS OR 
SITES [RESERVED]

0
11. Add and reserve part 3831.

0
12. Add part 3832 to read as follows:

PART 3832--LOCATING MINING CLAIMS OR SITES

Subpart A--Locating Mining Claims or Sites
Sec.
3832.1 What does it mean to locate mining claims or sites?
3832.10 Procedures for locating mining claims or sites.
3832.11 How do I locate mining claims or sites?
3832.12 When I record a mining claim or site, how do I describe the 
lands I have claimed?
Subpart B--Types of Mining Claims
3832.20 Lode and placer mining claims.
3832.21 How do I locate a lode or placer mining claim?
3832.22 How much land may I include in my mining claim?
Subpart C--Mill Sites
3832.30 Mill sites.
3832.31 What is a mill site?
3832.32 How much land may I include in my mill site?
3832.33 How do I locate a mill site?
3832.34 How may I use my mill site?
Subpart D--Tunnel Sites
3832.40 Tunnel sites.
3832.41 What is a tunnel site?
3832.42 How do I locate a tunnel site?
3832.43 How may I use a tunnel site?
3832.44 What rights do I have to minerals within my tunnel site?
3832.45 How do I obtain any minerals that I discover within my 
tunnel site?
Subpart E--Defective Locations
3832.90 Defects in the location of mining claims and sites.
3832.91 How do I amend a mining claim or site location if it exceeds 
the size limitations?

    Authority: 30 U.S.C. 22 et seq.; 43 U.S.C. 2, 1201, 1457, 1740, 
1744.

PART 3832--LOCATING MINING CLAIMS OR SITES

Subpart A--Locating Mining Claims or Sites


Sec.  3832.1  What does it mean to locate mining claims or sites?

    (a) Locating a mining claim or site means:
    (1) Establishing the exterior lines of a mining claim or site on 
lands open to mineral entry to identify the exact land claimed; and
    (2) Recording a notice or certificate of location as required by 
state and Federal law and by this part.
    (b) You will find--
    (1) Location requirements in this part;
    (2) Recording requirements in part 3833 of this chapter;
    (3) Requirements for transferring an interest in a mining claim or 
site in Sec.  3833.30 of this chapter; and
    (4) Annual fee requirements for mining claims and sites in parts 
3834, 3835, and 3836 of this chapter.


Sec.  3832.10  Procedures for locating mining claims or sites.


Sec.  3832.11  How do I locate mining claims or sites?

    (a) You must follow both state and Federal law.
    (b) Your lode or placer claim is not valid until you make a 
discovery within the boundaries of the claim.
    (c) To locate a claim or site, you must--
    (1) Make certain that the land on which you are locating the claim 
or site is Federal land that is open to mineral entry
    (2) Stake and monument the corners of a mining claim or site which 
meets applicable state monumenting requirements and the size 
limitations described in Sec.  3832.22 for lode and placer claims, 
Sec.  3832.32 for mill sites, and Sec.  3832.42 for tunnel sites;
    (3) Post the notice of location in a conspicuous place on the claim 
or site. The notice must include:
    (i) The name or names of the locators;
    (ii) The date of the location; and
    (iii) A description of the claim or site;
    (iv) The name or number of the claim or site, or both, if the claim 
or site has both;
    (4) Record the notice or certificate of location in the local 
recording office and the BLM State Office with jurisdiction according 
to the procedures in part 3833;
    (5) Follow all other relevant state law requirements; and
    (6) Comply with the specific requirements for lode claims, placer 
claims, mill sites, or tunnel sites in this part.


Sec.  3832.12  When I record a mining claim or site, how do I describe 
the lands I have claimed?

    (a) General requirements. (1) All claims and sites. You must 
describe the land by state, meridian, township, range, section and by 
aliquot part to the quarter section. To obtain the land description, 
you must use an official survey plat or other U.S. Government map that 
is based on the surveyed or protracted U.S. Public Land Survey System. 
If you cannot describe the land by aliquot part (e.g., the land is 
unsurveyed), you must provide a metes and bounds description that fixes 
the position of the claim corners with respect to a specified claim 
corner, discovery monument, or official survey monument. In all cases, 
your description of the land must be as compact and regular in form as 
reasonably possible and should conform to the U.S. Public Land Survey 
System and its rectangular subdivisions as much as possible; and
    (2)(i) You must file either--
    (A) A topographical map published by the U.S. Geological Survey 
with a depiction of the claim or site; or
    (B) A narrative or sketch describing the claim or site and tying 
the description to a natural object, permanent monument or topographic, 
hydrographic, or man-made feature.
    (ii) You must show on a map or sketch the boundaries and position 
of the individual claim or site by aliquot part within the quarter 
section accurately enough for BLM to identify the mining claims or 
sites on the ground.
    (iii) You may show more than one claim or site on a single map or 
describe more than one claim or site in a single sketch--
    (A) If they are located in the same general area; and
    (B) If the individual mining claims or sites are clearly 
identified.
    (iv) You are not required to employ a professional surveyor or 
engineer to establish the location's position on the ground.
    (b) Lode claims. You must describe lode claims by metes and bounds 
beginning at the discovery point on the claim and include a tie to 
natural objects or permanent monuments including:
    (1) Township and section survey monuments;
    (2) Official U.S. mineral survey monuments;
    (3) Monuments of the National Geodetic Reference System;
    (4) The confluence of streams or point of intersection of well-
known gulches,

[[Page 61070]]

ravines, or roads, prominent buttes, and hills; or
    (5) Adjoining claims or sites.
    (c) Placer claims. (1) You must describe placer claims by aliquot 
part and complete lots using the U.S. Public Land Survey System and its 
rectangular subdivisions except when placer claims are--
    (i) On unsurveyed Federal lands;
    (ii) Gulch or bench placer claims; or
    (iii) Bounded by other mining claims or nonmineral lands.
    (2) For placer mining claims that are on unsurveyed Federal lands 
or are gulch or bench placer claims:
    (i) You must describe the lands by protracted survey if the BLM has 
a protracted survey of record; or
    (ii) You may describe the lands by metes and bounds, if a 
protracted survey is not available or if the land is not amenable to 
protraction.
    (3) If you are describing an association placer claim by metes and 
bounds, you must meet the following requirements, according to the 
number of persons in your association, as described in Snow Flake 
Fraction Placer, 37 Pub. Lands Dec. 250 (1908), in order to keep your 
claim in compact form and not split Federal lands into narrow, long or 
irregular shapes:
    (i) A location by 1 or 2 persons must fit within the exterior 
boundaries of a square 40-acre parcel;
    (ii) A location by 3 or 4 persons must fit within the exterior 
boundaries of 2 square 40-acre contiguous parcels;
    (iii) A location by 5 or 6 persons must fit within the exterior 
boundaries of 3 square contiguous 40-acre parcels; and
    (iv) A location by 7 or 8 persons must fit within the exterior 
boundaries of 4 square contiguous 40-acre parcels.

Subpart B--Types of Mining Claims


Sec.  3832.20  Lode and placer mining claims.


Sec.  3832.21  How do I locate a lode or placer mining claim?

    (a) Lode claims. (1) Your lode claim is not valid until you have 
made a discovery.
    (2) Locating a lode claim. You may locate a lode claim for a 
mineral that:
    (i) Occurs as veins, lodes, ledges, or other rock in place;
    (ii) Contains base and precious metals, gems and semi-precious 
stones, and certain industrial minerals, including but not limited to 
gold, silver, cinnabar, lead, tin, copper, zinc, fluorite, barite, or 
other valuable deposits; and
    (iii) Does not occur as bedded rock (stratiform deposits such as 
gypsum or limestone) or is not a deposit of placer, alluvial (deposited 
by water), eluvial (deposited by wind), colluvial (deposited by 
gravity), or aqueous origin.
    (3) Establishing extralateral rights. If the minerals are contained 
within a vein, lode, or ledge and the vein, lode, or ledge extends 
through the endlines of your lode claim, you have extra-lateral rights 
to pursue the down-dip extension of the vein, lode, or ledge to the 
point where the vein, lode, or ledge intersects a vertical plain 
projected parallel to the end lines and outside the sideline boundaries 
of your lode claim if--
    (i) The top or apex of the vein, lode, or ledge lies on or under 
the surface within the interior boundaries of the lode claim; and
    (ii) The long axis, and therefore the side lines, of the lode claim 
are substantially parallel to the course of the vein, lode, or ledge.
    (4) Preserving extralateral rights. In order to preserve your 
extralateral rights, you should determine, if possible, the general 
course of the vein in either direction from the point of discovery in 
order to mark the correct boundaries of the claim. You should expose 
the vein, lode, or ledge by--
    (i) Tracing the vein or lode on the surface; or
    (ii) Drilling a hole, sinking a shaft, or running a tunnel or drift 
to a sufficient depth.
    (b) Placer claims. (1) Your placer claim is not valid until you 
have made a discovery.
    (2) Each 10-acre aliquot part of your placer claim must be mineral-
in-character.
    (3) You may locate a placer claim for minerals that are--
    (i) River sands or gravels bearing gold or valuable detrital 
minerals;
    (ii) Hosted in soils, alluvium (deposited by water), eluvium 
(deposited by wind), colluvium (deposited by gravity), talus, or other 
rock not in its original place;
    (iii) Bedded gypsum, limestone, cinders, pumice, and similar 
mineral deposits; or
    (iv) Mineral-bearing brine (water saturated or strongly impregnated 
with salts and containing ancillary locatable minerals) not subject to 
the mineral leasing acts where a mineral subject to the General Mining 
Law can be extracted as the primary valuable mineral.
    (4) Building stone deposits must by law be located as placer mining 
claims (30 U.S.C. 161). If you have located a building stone placer 
claim, the lands on which you located the claim must be chiefly 
valuable for mining building stone.


Sec.  3832.22  How much land may I include in my mining claim?

    (a) Lode claims. Lode claims must not exceed 1,500 by 600 feet. If 
there is a vein, lode, or ledge, each lode claim is limited to a 
maximum of 1,500 feet along the course of the vein, lode, or ledge and 
a maximum of 300 feet in width on each side of the middle of the vein, 
lode, or ledge.
    (b) Placer claims. (1) An individual placer claim may not exceed 20 
acres in size.
    (2) An association placer claim may not exceed 160 acres. Within 
the association, each person or business entity may locate up to 20 
acres. To obtain the full 160 acres, the association must consist of at 
least eight co-locators. You may locate smaller association claims. 
Thus, three co-locators may jointly locate an association placer claim 
no larger than 60 acres. You may not use the names of other persons as 
dummy locators (fictitious locators) to locate an association placer 
claim for your own benefit.

Subpart C--Mill Sites


Sec.  3832.30  Mill sites.


Sec.  3832.31  What is a mill site?

    A mill site is a location of nonmineral land not contiguous to a 
vein or lode that you can use for activities reasonably incident to 
mineral development on, or production from, the unpatented or patented 
lode or placer claim with which it is associated.
    (a) A dependent mill site is used for activities that support a 
particular patented or unpatented lode or placer mining claim or group 
of mining claims.
    (b) An independent or custom mill site--
    (1) Is not dependent on a particular mining claim but provides 
milling or reduction processing for nearby lode mines or a lode mining 
district;
    (2) Is used to mill, process, and reduce either--
    (i) Ores for other miners on a contractual basis; or
    (ii) Ores that are purchased by the independent or custom mill site 
owner.
    (3) You may not have a custom or independent mill site for 
processing materials from placer mining claims.


Sec.  3832.32  How much land may I include in my mill site?

    The maximum size of an individual mill site is 5 acres. You may 
locate more than one mill site per mining claim if you use each site 
for at least one of the purposes described in Sec.  3832.34 of this 
part. You may locate only that amount of mill site acreage that is 
reasonably necessary to be used or occupied for

[[Page 61071]]

efficient and reasonably compact mining or milling operations.


Sec.  3832.33  How do I locate a mill site?

    (a) You may locate a mill site in the same manner as a lode or 
placer mining claim, except that--
    (1) It must be on land that is not mineral-in-character; and
    (2) You must use or occupy each two and a half acre portion of a 
mill site in order for that portion of the mill site to be valid.
    (b) If the United States does not own the surface estate of a 
particular parcel of land, you may not locate a mill site on that land 
under the General Mining Law or the Stockraising Homestead Act (see 
part 3838 of this chapter).


Sec.  3832.34  How may I use my mill site?

    (a) Upon obtaining authorization under the surface management 
regulations of the surface managing agency, you may use and occupy 
dependent mill sites for:
    (1) Placement of grinding, crushing, or milling facilities (such as 
rod and ball mills, cone crushers, and floatation cells) and reduction 
facilities (such as smelting, electro-winning, roasters, autoclaves, 
and leachate recovery);
    (2) Mine administrative and support buildings, warehouses and 
maintenance buildings, electrical plants and substations;
    (3) Tailings ponds and leach pads;
    (4) Rock and soil dumps;
    (5) Water and process treatment plants; and
    (6) Any other use that is reasonably incident to mine development 
and operation, except for uses exclusively supporting reclamation or 
mine closure.
    (b) Upon obtaining authorization under the surface management 
regulations of the surface managing agency, you may use and occupy 
independent mill sites for processing metallic minerals from lode 
claims using:
    (1) Quartz or stamp mills; or
    (2) Reduction works, including placement of grinding, crushing, or 
milling facilities (such as rod and ball mills, cone crushers, and 
floatation cells), reduction facilities (such as smelting, electro-
winning, roasters, autoclaves, and leachate recovery), tailings ponds, 
and leach pads.

Subpart D--Tunnel Sites


Sec.  3832.40  Tunnel sites.


Sec.  3832.41  What is a tunnel site?

    A tunnel site is a subsurface right-of-way under Federal land open 
to mineral entry. It is used for access to lode mining claims or to 
explore for blind or undiscovered veins, lodes, or ledges not currently 
claimed or known to exist on the surface.


Sec.  3832.42  How do I locate a tunnel site?

    You may locate a tunnel site by:
    (a) Erecting a substantial post, board, or monument at the face of 
the tunnel, which is the point where the tunnel enters cover;
    (b) Placing a location notice or certificate on the post, board, or 
monument that includes:
    (1) The names of the claimants;
    (2) The actual or proposed course or direction of the tunnel;
    (3) The height and width of the tunnel; and
    (4) The course and distance from the face or starting point to some 
permanent well-known natural objects or permanent monuments, in the 
same manner as required to describe a lode claim (see Sec.  3832.28(c) 
of this part); and
    (c) Placing stakes or monuments on the surface along the boundary 
lines of the tunnel at proper intervals as required under state law 
from the face of the tunnel for 3,000 feet or to the end of the tunnel, 
whichever is shorter.


Sec.  3832.43  How may I use a tunnel site?

    You may use the tunnel site for subsurface access to a lode claim 
or to explore for and acquire previously unknown lodes, veins, or 
ledges within the confines of the tunnel site.


Sec.  3832.44  What rights do I have to minerals within my tunnel site?

    (a) If you located your tunnel site in good faith, you may acquire 
the right to any blind veins, ledges, or lodes cut, discovered, or 
intersected by your tunnel, by locating a lode claim, if they--
    (1) Are located within a radius of 1,500 feet from the tunnel axis; 
and
    (2) Were not previously known to exist on the surface and within 
the limits of your tunnel.
    (b) Your site is protected from other parties making locations of 
lodes within the sidelines of the tunnel and within the 3,000-foot 
length of the tunnel, unless such lodes appear upon the surface or were 
previously known to exist.
    (c) You must diligently work on the tunnel site. If you cease 
working on it for more than 6 consecutive months, you will lose your 
right to possess all unknown, undiscovered veins, lodes, or ledges that 
your tunnel may intersect.


Sec.  3832.45  How do I obtain any minerals that I discover within my 
tunnel site?

    (a) Even if you have located the tunnel site, you must separately 
locate a lode claim to acquire the possessory right to a blind vein, 
lode, or ledge you have discovered within the boundaries of the tunnel 
site sidelines.
    (b) The date of location of your lode claim is retroactive to the 
date of location of your tunnel site.

Subpart E--Defective Locations


Sec.  3832.90  Defects in the location of mining claims and sites.


Sec.  3832.91  How do I amend a mining claim or site location if it 
exceeds the size limitations?

    (a) You may correct defects in your location of a mining claim, 
mill site, or tunnel site by filing an amended notice of location (see 
Sec.  3833.20 of this chapter on conditions allowing amendments and how 
to record them.)
    (b) For placer claims or mill sites that you located using an 
irregular survey or lotting of irregular sections, you may use the 
``Rule of Approximation'' to determine allowable acreage. The Rule of 
Approximation applies only to surveyed public lands. It was developed 
to determine maximum allowable acreage for land entries (placer claims 
in this part) where the excess acreage is less than the difference 
would be if the smallest legal subdivision is excluded from the 
location or entry. In no case may you use the rule to obtain more 
acreage than allowed under the applicable law. (See Henry C. Tingley, 8 
Pub. Lands Dec. 205 (1889)).

0
13. Add part 3833 to read as follows:

PART 3833--RECORDING MINING CLAIMS AND SITES

Sec.
Subpart A--Recording Process
3833.1 Why must I record mining claims and sites?
3833.10 Procedures for recording mining claims and sites.
3833.11 How do I record mining claims and sites?
Subpart B--Amending Mining Claims and Sites
3833.20 Amending mining claims and sites.
3833.21 When may I amend a notice or certificate of location?
3833.22 How do I amend my location?
Subpart C--Filing Transfers of Interest
3833.30 Filing transfers of interest in mining claims or sites.
3833.31 What is a transfer of interest?
3833.32 How do I transfer a mining claim or site?
3833.33 How may I transfer, sell, or otherwise convey an association 
placer mining claim?
Subpart D--Defective Filings
3833.90 Defects in recordings or filings for mining claims and 
sites.

[[Page 61072]]

3833.91 What defects cannot be cured under this part?
3833.92 What happens if I do not file a transfer of interest?

    Authority: 43 U.S.C. 2, 1201, 1457, 1740, 1744; 30 U.S.C. 22 et 
seq.; 30 U.S.C. 621-625; 62 Stat. 162; 115 Stat 414.

Subpart A--Recording Process


Sec.  3833.1  Why must I record mining claims and sites?

    FLPMA requires you to record all mining claims and sites with BLM 
and the local recording office in order to maintain a mining claim or 
site under the General Mining Law.
    (a) If you fail to record a mining claim or site with the BLM and 
the local recording office by the 90th day after the date of location, 
it is abandoned and void by operation of law.
    (b) Recording a mining claim or site, filing any other documents 
with BLM, or paying fees or service charges, as this part requires, 
does not make a claim or site valid if it not otherwise valid under 
applicable law.


Sec.  3833.10  Procedures for recording mining claims and sites.


Sec.  3833.11  How do I record mining claims and sites?

    (a) You must record in the proper BLM State Office a copy of the 
notice or certificate of location that you recorded or will record in 
the local recording office by the 90th day after the date of location. 
If there is no recording requirement under state law (as in Arkansas), 
you still must record a document with BLM and the local recording 
office that contains the information required by this part.
    (b) Your notice or certificate of location must include:
    (1) The name or number, or both, of the claim or site;
    (2) The names and current mailing addresses of the locators of the 
claim;
    (3) The type of claim or site;
    (4) The date of location; and
    (5) A complete description of the lands you have claimed as 
required in part 3832 of this chapter.
    (c) When you record a notice or certificate of location, you must 
pay a non-refundable service charge, location fee, and initial 
maintenance fee as provided in Sec.  3830.21 of this chapter.
    (d) When you record a mining claim or site under this part, you 
still must comply with any other separate recording requirements 
existing under other Federal law. However, notices or certificates of 
location that you mark as being recorded under the Act of April 8, 
1948, or the Act of August 11, 1955, satisfy the additional filing 
requirements of those Acts under subpart 3821 of this chapter for 
Oregon and California Revested Wagon Road Grant Lands (O & C Lands) and 
part 3730 of this chapter for Powersite Withdrawals.

Subpart B--Amending Mining Claims and Sites


Sec.  3833.20  Amending mining claims and sites.


Sec.  3833.21  When may I amend a notice or certificate of location?

    (a) You may amend a notice or certificate of location if--
    (1) BLM recognizes the original location as a properly recorded and 
maintained mining claim or site; and
    (2) There are omissions or other defects in the original notice or 
certificate of location that you need to correct or clarify; or
    (3) You need to correct the legal land description of the claim or 
site, the mining claim name, or accurately describe the position of 
discovery or boundary monuments or similar items; or
    (4) You need to reposition the sidelines of your lode claim so that 
they are parallel to the discovered lode, ledge, or vein, if there are 
no intervening rights to the land; or
    (5) You are reducing the size of the mining claim or site.
    (b) You may not amend a notice or certificate of location to--
    (1) Transfer any interest or add owners;
    (2) Relocate or re-establish mining claims or sites you previously 
forfeited or BLM declared void for any reason;
    (3) Change the type of claim or site; or
    (4) Enlarge the size of the mining claim or site.
    (c) You may not amend legal descriptions of mining claims or sites 
after the land is closed to mineral entry, unless --
    (1) You are reducing the size of the mining claim or site;
    (2) You need to correct or clarify defects or omissions in the 
original notice or certificate of location;
    (3) You need to correct the legal land description of the claim or 
site, the mining claim name; or
    (4) You need to submit an accurate description of the position of 
discovery or boundary monuments or similar items.


Sec.  3833.22  How do I amend my location?

    (a) You must record an amended location certificate or notice with 
BLM within 90 days after you record the amended notice or certificate 
in the local recording office. BLM will not recognize any amendment to 
your mining claim until you file it properly.
    (b) You must pay a non-refundable service charge for each claim or 
site you amend. See the table of fees and service charges in Sec.  
3830.21 of this chapter.
    (c) An amended location notice or certificate relates back to the 
original location date. The amendment takes effect when you record it 
with the local recording office under state law or such other time as 
provided by state law.

Subpart C--Filing Transfers of Interest


Sec.  3833.30  Filing transfers of interest in mining claims or sites.


Sec.  3833.31  What is a transfer of interest?

    A transfer of interest is a sale, assignment, transfer through 
inheritance, or conveyance of total or partial ownership or legal 
interest in a mining claim or site.


Sec.  3833.32  How do I transfer a mining claim or site?

    (a) State law governs transferring mining claims or sites. A 
transfer is effective in the manner and on the date provided by state 
law, not the date you file it with BLM.
    (b) You must file in the BLM State Office a notice of the transfer 
that includes:
    (1) The name and, if available, the serial number BLM assigned to 
the claim or site when the notice or certificate of location was 
originally recorded (the person who transferred you ownership or legal 
interest should have this number);
    (2) Your name and current mailing address; and
    (3) A copy of the legal instrument or document that you used to 
transfer the interest in the claim or site under state law.
    (c) You as transferee must pay a non-refundable service charge per 
mining claim or site you were transferred. See the table of fees and 
service charges in Sec.  3830.21 of this chapter.
    (d) BLM will notify the claimant of record with BLM of any action 
it takes regarding a mining claim or site. If BLM is required by law to 
give a claimant notice of any new legal requirements, BLM has properly 
given notice by sending the notice to the claimant of record with BLM.


Sec.  3833.33  How may I transfer, sell, or otherwise convey an 
association placer mining claim?

    You may transfer, sell, or otherwise convey an association placer 
mining claim at any time to an equal or greater number of mining 
claimants. If you

[[Page 61073]]

want to transfer an association placer claim to an individual or an 
association that is smaller in number than the association that located 
the claim, you--
    (a) Must have discovered a valuable mineral deposit before the 
transfer; or
    (b) Upon notice from BLM, you must reduce the acreage of the claim, 
if necessary, so that you meet the 20-acre per locator limit.

Subpart D--Defective Filings


Sec.  3833.90  Defects in recordings or filings for mining claims and 
sites.


Sec.  3833.91  What defects cannot be cured under this part?

    Defects or other problems that cannot be cured and therefore result 
in forfeiture of your mining claims or sites are:
    (a) Failing to record a mining claim or site within 90 days after 
you locate it;
    (b) Failing to pay the location fee or initial maintenance fee 
within 90 days after you locate it; and
    (c) Locating a mining claim or site on lands withdrawn from mineral 
entry at the time you locate it.


Sec.  3833.92  What happens if I do not file a transfer of interest?

    Even if you record your transfer or amendment with the local 
recording office, BLM will not recognize the interest you acquire, or 
send you notice of any BLM action, decision, or contest, regarding the 
mining claim or site until you file the transfer with BLM (see Sec.  
1810.2 of this chapter). The Department will treat the last owner of 
record as the responsible party for maintaining the mining claim or 
site until you file a transfer notice. You cannot claim that BLM failed 
to give you notice of any BLM action, decision, or contest regarding a 
mining claim or site if you failed to file a transfer notice showing 
that you have an interest in the mining claim or site, before BLM took 
the action, made the decision, or issued a contest complaint.

0
14. Add part 3834 to read as follows:

PART 3834--REQUIRED FEES FOR MINING CLAIMS OR SITES

Subpart A--Fee Payment
Sec.
3834.10 Paying maintenance, location, and oil shale fees.
3834.11 Which fees must I pay to maintain a mining claim or site and 
when do I pay them?
3834.12 How will BLM know for which mining claims or sites I am 
paying the fees?
3834.13 Will BLM prorate annual maintenance or oil shale fees?
3834.14 May I obtain a waiver from these fees?
Subpart B--Fee Adjustment
3834.20 Adjusting location and maintenance fees.
3834.21 How will BLM adjust the location and maintenance fees?
3834.22 How will I know that BLM has adjusted location and 
maintenance fees?
3834.23 When do I start paying the adjusted fees?

    Authority: 43 U.S.C. 1201, 1740; 30 U.S.C. 28f; 115 Stat 414; 30 
U.S.C. 242.

Subpart A--Fee Payment


Sec.  3834.10  Paying maintenance, location, and oil shale fees.


Sec.  3834.11  Which fees must I pay to maintain a mining claim or site 
and when do I pay them?

    (a) All mining claims or sites (except oil shale placer claims). 
Paying the maintenance fee(s) in lieu of performing assessment work 
satisfies the requirements of the mining law and FLPMA. See Sec.  
3830.21 for fee amounts.
    (1) Location fee and initial maintenance fee. When you first record 
a mining claim or site with BLM, you must pay a location fee and an 
initial maintenance fee for the assessment year in which you located 
the mining claim or site.
    (2) Annual maintenance fee. You must pay an annual maintenance fee 
on or before September 1st of each year in order to maintain a mining 
claim or site for the upcoming assessment year.
    (b) Oil shale placer claims. (1) Under the Energy Policy Act of 
1992, 30 U.S.C. 242, if you own an oil shale placer claim, you must pay 
an annual $550 fee and file a notice of intent to hold, with the 
applicable service charge, each calendar year on or before December 
30--
    (i) If you elected to maintain an oil shale placer claim;
    (ii) If you elected to apply for limited patent; or
    (iii) If you filed a patent application for an oil shale placer 
claim but did not receive a first half final certificate on or before 
October 24, 1992.
    (2) See part 3835 of this chapter for notice of intent to hold 
requirements, and the table of fees and service charges in Sec.  
3830.21 of this chapter.
    (3) You need not pay the annual $550 fee, or file a notice of 
intent to hold, if you filed a patent application and received a first 
half of the mineral entry final certificate on or before October 24, 
1992.


Sec.  3834.12  How will BLM know for which mining claims or sites I am 
paying the fees?

    When you pay any fees to BLM, you must include a list of the mining 
claims or sites that you are paying for by claim name, and by the BLM 
serial number if BLM has notified you what the serial numbers are.


Sec.  3834.13  Will BLM prorate annual maintenance or oil shale fees?

    BLM will not prorate annual maintenance or oil shale fees if you 
hold a mining claim or site for only part of a year. You must pay the 
full annual fee even if you hold the claim or site for just one day in 
an assessment year.


Sec.  3834.14  May I obtain a waiver from these fees?

    (a) No waivers are available for the initial maintenance fee or the 
annual $550 oil shale fee.
    (b) You may request a waiver from annual maintenance fees under 
certain circumstances. See part 3835 of this chapter.

Subpart B--Fee Adjustment


Sec.  3834.20  Adjusting location and maintenance fees.


Sec.  3834.21  How will BLM adjust the location and maintenance fees?

    BLM will adjust the location and maintenance fees at least every 5 
years, based upon the Consumer Price Index (CPI).


Sec.  3834.22  How will I know that BLM has adjusted location and 
maintenance fees?

    BLM will publish a notice in the Federal Register about the 
adjustment on or before July 1st of a given year in order to make the 
adjusted fees due on September 1st of the same year.


Sec.  3834.23  When do I start paying the adjusted fees?

    (a) You must pay the adjusted initial maintenance and location fees 
when you record a new mining claim or site located on or after the 
September 1st immediately following the date BLM published its notice 
about the adjustment.
    (b) For previously recorded mining claims and sites, you must pay 
the adjusted maintenance fee on or before the September 1st immediately 
following the date BLM published its notice about the adjustment.

0
15. Add part 3835 to read as follows:

PART 3835--WAIVERS FROM ANNUAL MAINTENANCE FEES

Subpart A--Filing Requirements
Sec.
3835.1 How do I qualify for a waiver?
3835.10 How do I request a waiver?
3835.11 What special filing and reporting requirements pertain to 
the different types of waivers?
3835.12 What are my obligations once I receive a waiver?

[[Page 61074]]

3835.13 How long do the waivers last and how do I renew them?
3835.14 How do I submit a small miner waiver request for newly-
recorded mining claims?
3835.15 If I qualify as a small miner, how do I apply for a waiver 
if I paid the maintenance fee in the last assessment year?
3835.16 If I am a qualified small miner, and I obtained a waiver in 
one assessment year, what must I do if I want to pay the maintenance 
fee for the following assessment year?
3835.17 What additional requirements must I fulfill to obtain a 
small miner waiver for my mining claims or sites on National Park 
System lands?
Subpart B--Conveying Mining Claims or Sites Under Waiver
3835.20 Transferring, selling, inheriting, or otherwise conveying 
mining claims or sites already subject to a waiver.
Subpart C--Annual FLPMA Documents
3835.30 Annual FLPMA documents.
3835.31 When do I file an annual FLPMA document?
3835.32 What should I include when I submit an affidavit of 
assessment work?
3835.33 What should I include when I submit a notice of intent to 
hold?
Subpart D--Defective Waivers and FLPMA Filings
3835.90 Failure to comply with this part.
3835.91 What if I fail to file annual FLPMA documents?
3835.92 What if I fail to submit a timely waiver request?
3835.93 What happens if BLM finds a defect in my waiver request?

    Authority: 115 Stat 414; 30 U.S.C. 22, 28, 28f-28k; 43 U.S.C. 2, 
1201, 1457, 1740, 1744; 50 U.S.C. App. 501, 565.

Subpart A--Filing Requirements


Sec.  3835.1  How do I qualify for a waiver?

    (a) Under certain conditions, you may qualify for a waiver from the 
annual maintenance fee requirements. You cannot obtain a waiver from 
service charges, the location fee, the initial maintenance fee, or the 
$550 oil shale fee.
    (b) The following table lists the types of waivers available and 
how you qualify for them (detailed requirements for each category 
appear in Sec.  3835.10):

------------------------------------------------------------------------
             Type of waiver                       Qualifications
------------------------------------------------------------------------
(a) Small Miner........................  All related parties must hold
                                          no more than a total of 10
                                          mining claims or sites
                                          nationwide, not including oil
                                          shale claims; and All co-
                                          claimants must qualify for the
                                          small miner waiver.
(b) Soldiers' and Sailor's Civil Relief  You and all co-claimants must
 Act.                                     be military personnel on
                                          active duty status.
(c) Reclamation........................  Maintenance fees are waived for
                                          your mining claims or sites
                                          that are undergoing final
                                          reclamation under subparts
                                          3802, 3809, or 3814, if you do
                                          not intend to continue mining,
                                          milling, or processing
                                          operations on those sites.
(d) Denial of Access...................  You have received a declaration
                                          of taking or a notice of
                                          intent to take from the
                                          National Park Service (NPS) or
                                          other Federal agency; or the
                                          United States has otherwise
                                          denied you access to your
                                          mining claim or site.
(e) Mineral Patent Application.........  You have submitted an
                                          application for a mineral
                                          patent under part 3860 and the
                                          Secretary has granted you a
                                          final certificate.
------------------------------------------------------------------------

Sec.  3835.10  How do I request a waiver?

    (a) You must submit BLM's waiver certification form on or before 
September 1 of each assessment year for which you are seeking a waiver. 
You must submit your waiver on or before September 1 for BLM to exempt 
your claims or sites from the annual maintenance fee requirement that 
is due on the same date. You may have an agent submit a waiver form on 
your behalf if you file or have filed with BLM a power of attorney or 
other legal documentation which shows that the agent is acting on your 
behalf.
    (b) All waiver requests must include:
    (1) The names and addresses of all claimants who maintain an 
interest in the mining claims or sites listed on the waiver document;
    (2) The original signatures of the claimants of the mining claims 
or sites who are requesting the waiver, or the original signature of 
the authorized agent of the owner or owners of those mining claims or 
sites;
    (3) The names of the mining claims or sites for which you request a 
waiver;
    (4) The serial numbers, if available, that BLM assigned to the 
mining claims or sites; and
    (5) The date the maintenance fee was due from which you are seeking 
a waiver.


Sec.  3835.11  What special filing and reporting requirements pertain 
to the different types of waivers?

    (a) Small miner waivers. Small miner waiver requests must include a 
declaration that:
    (1) You and all related parties hold no more than a total of 10 
mining claims and sites nationwide;
    (2) You have completed or will complete all assessment work 
required by the General Mining Law and part 3836 of this chapter to 
maintain your claims by the end of the applicable assessment year.
    (3) If you were not required to perform assessment work in the 
previous assessment year, you must include the reason why assessment 
work was not required in your certification, whether it is because:
    (i) Your claim was located in that assessment year;
    (ii) You paid a maintenance fee to maintain your claim during that 
assessment year;
    (iii) Assessment work was deferred for that year; or
    (iv) Any other reason recognized under Federal law.
    (b) Soldiers' and Sailors' Civil Relief Act waivers. Your 
application for waiver must include a notice of active military service 
or entry into active military service. You must also notify BLM in 
writing when you leave active duty status.
    (c) Reclamation waivers. Your application must include a certified 
and/or notarized statement that:
    (1) States that you are reclaiming the mining claims or sites;
    (2) States your intent to end mining operations on the claims or 
sites permanently; and
    (3) References a reclamation plan that you submitted to BLM or that 
BLM approved; or references a reclamation plan approved by a surface 
managing agency other than BLM.
    (d) Denial-of-access waivers. (1) Your application must include a 
statement that you have received a declaration of taking or a notice of 
intent to take from the National Park Service or other Federal agency 
or have otherwise been denied access to your mining claim or site in 
writing by the surface management agency or a court.
    (2) You must submit copies of all official documents you have 
received that demonstrate the declaration of taking, notice of intent 
to take, or denial of access.
    (3) Applying for National Park Service (NPS) approval of a complete 
plan of operations does not justify your denial-of-access waiver. While 
the NPS is reviewing your plan of operations, or if the NPS disapproves 
it but has not denied you access, or issued a declaration of taking or 
a notice of intent to take, you must pay the annual maintenance fee.
    (e) Contest actions. If the Secretary contests your mining claim or 
site under part 4 of this title, you must maintain the mining claim or 
site until the

[[Page 61075]]

Department of the Interior issues a final decision.
    (f) Appeals. If you forfeit your mining claim or site and you file 
an appeal under part 4 of this title and the Interior Board of Land 
Appeals stays BLM's voidance decision, you must maintain your mining 
claim or site through the appeals process.


Sec.  3835.12  What are my obligations once I receive a waiver?

    If BLM allows you the waiver, you must then perform annual 
assessment work on time and file annual FLPMA documents. You will find 
more information about annual FLPMA documents in Sec.  3835.30 of this 
part, and about assessment work in part 3836 of this chapter.


3835.13  How long do the waivers last and how do I renew them?

    The following table states how long waivers last and explains how 
to renew them:

----------------------------------------------------------------------------------------------------------------
           Type of waiver                           Duration                        Renewal requirements
----------------------------------------------------------------------------------------------------------------
(a) Small Miner....................  One assessment year..................  Apply for a small miner waiver by
                                                                             each September 1.
(b) Soldiers' and Sailors' Civil     Until six months after you are         Your waiver is automatically renewed
 Relief Act.                          released from active duty status or    if you continue to meet the
                                      from a military hospital, whichever    qualifications. You must notify BLM
                                      is later.                              when you leave active duty status.
(c) Reclamation....................  One assessment year..................  Apply for a reclamation waiver by
                                                                             each September 1.
(d) Denial of Access...............  One assessment year..................  Apply for waiver certification by
                                                                             each September 1.
(e) Mineral Patent Application with  Until patent issues or the final       None. If the final certificate is
 Final Certificate.                   certificate is canceled. BLM will      canceled, you must pay the required
                                      not refund previously deposited        fees beginning on the September 1
                                      annual maintenance fees to a mineral   immediately following the
                                      patent applicant.                      cancellation or file a different
                                                                             form of waiver if you qualify.
----------------------------------------------------------------------------------------------------------------

Sec.  3835.14  How do I submit a small miner waiver request for newly-
recorded mining claims?

    In order to obtain a small miner waiver for newly-recorded mining 
claims, you must--
    (a)(1) Submit the waiver request on or before September 1; or
    (2) If the mining claim or site was located before September 1 and 
recorded after September 1 in a timely manner, you must submit the 
waiver request at the time of recording the mining claim or site with 
BLM, and
    (b) File on or before the December 30 immediately following the 
September 1st for which you applied for a waiver a notice of intent to 
hold the mining claim or site. The Mining Law does not require you to 
perform assessment work in the assessment year in which you locate a 
mining claim. The notice of intent to hold must conform to Sec. Sec.  
3835.31 through 3835.34.


Sec.  3835.15  If I qualify as a small miner, how do I apply for a 
waiver if I paid the maintenance fee in the last assessment year?

    You must submit a waiver request complying with Sec.  3835.10 
before the assessment year begins for which you wish to obtain a 
waiver. In addition, you must--
    (a) Make a FLPMA filing, in the form of a notice of intent to hold 
under Sec. Sec.  3835.31 and 3835.34 of this part on or before December 
30th immediately following the submission of a waiver request;
    (b) Perform your assessment work in the assessment year for which 
BLM waived the maintenance fee; and
    (c) Make a FLPMA filing in the form of an affidavit of assessment 
work under Sec. Sec.  3835.31 and 3835.33 of this part on or before the 
December 30th immediately following the close of the assessment year in 
which you performed assessment work.


Sec.  3835.16  If I am a qualified small miner, and I obtained a waiver 
in one assessment year, what must I do if I want to pay the maintenance 
fee for the following assessment year?

    (a) You must perform the required assessment work in the assessment 
year for which you obtained a waiver from payment of the annual 
maintenance fee, and file the annual FLPMA document required by the 
December 30th immediately following the payment of the maintenance fee; 
and
    (b) You must pay the maintenance fee by the proper deadline for the 
following assessment year.


Sec.  3835.17  What additional requirements must I fulfill to obtain a 
small miner waiver for my mining claims or sites on National Park 
System lands?

    (a) Before performing assessment work on National Park System 
lands, you must submit and obtain the National Park Service (NPS)'s 
approval of a complete plan of operations in compliance with 
regulations at 36 CFR parts 6 and 9. Your proposed activities must 
further the ultimate commercial mineral development of each claim, such 
as delineation of the mineral deposit or commencement of production. 
Once you submit a proposed plan, NPS will evaluate the plan, conduct a 
validity exam if necessary, and either approve or disapprove the plan.
    (b)(1) If NPS approves your plan of operations, by the September 1 
on which you want to submit a small miner waiver request you must:
    (i) Post a reclamation bond with NPS;
    (ii) Begin the approved activity; and
    (iii) Submit a waiver request complying with Sec.  3835.10 before 
the assessment year begins for which you wish to obtain a waiver.
    (2) By December 30, you must file your affidavit of assessment work 
for the mining claims and a notice of intent to hold for your mill or 
tunnel sites.
    (c) If NPS does not approve your proposed plan of operations by 
July 1, to allow you sufficient time to conduct assessment work before 
September 1, you may--
    (1) Pay BLM the maintenance fees by September 1;
    (2) Petition BLM before September 1 for a deferment of assessment 
work; or
    (3) Submit a request for a lack of access waiver.

Subpart B--Conveying Mining Claims or Sites Under Waiver


Sec.  3835.20  Transferring, selling, inheriting, or otherwise 
conveying mining claims or sites already subject to a waiver.

    (a) If you purchase, inherit, or otherwise obtain mining claims or 
sites that are subject to a waiver, you must also qualify for the 
waiver in order for BLM to continue to apply the waiver to the mining 
claims you have received in the transfer; or
    (b) If you purchase, inherit, or otherwise obtain mining claims or 
sites that are subject to a waiver and you do not qualify for the 
waiver, you must pay the annual maintenance fee by the September 1 
following the date the transfer became effective under state law.

[[Page 61076]]

Subpart C--Annual FLPMA Documents


Sec.  3835.30  Annual FLPMA documents.


Sec.  3835.31  When do I file an annual FLPMA document?

    (a) If you must file an annual FLPMA document as required in 
paragraph (d) of this section, you must file your annual FLPMA 
documents with BLM on or before the December 30th of the calendar year 
in which the assessment year ends. (For example, if the assessment year 
ends on September 1, 2003, you must file your annual FLPMA document no 
later than December 30, 2003.)
    (b) If part 3836 of this chapter requires you to perform assessment 
work, you must file an affidavit of assessment work. You do not need to 
complete assessment work in the assessment year when you located your 
claim. (For example, if you locate a claim on September 2, 2002, you 
first need to perform assessment work sometime between September 2, 
2003, and September 1, 2004.)
    (c) If part 3836 of this chapter does not require you to perform 
assessment work, either because you located the claim during the 
current assessment year or because BLM has deferred assessment work, 
you must submit a notice of intent to hold under Sec. Sec.  3835.32 and 
3835.34 of this part as an annual FLPMA document filing. You must state 
in the notice of intent to hold either that BLM has deferred the 
assessment work requirement or that you located the claim during the 
current assessment year.
    (d) The following table describes the circumstances under which you 
must file annual FLPMA documents:

------------------------------------------------------------------------
                                  Affidavit of
       Your situation            assessment work     Notice of intent to
                                    required           hold  required
------------------------------------------------------------------------
(1) You have paid annual      No..................  No.
 maintenance fees.
(2) You have an oil shale     No..................  Yes, by December 30
 placer claim.                                       of each year you
                                                     must pay the $550
                                                     oil shale fee.
(3) You have a small miner    Yes, by December 30   Yes, but only as
 waiver that covers mining     for each assessment   described in
 claims.                       year you obtained a   paragraph (c) of
                               small miner waiver.   this section.
(4) You have a small miner    No affidavit          Yes, notices of
 waiver that covers mill or    assessment work is    intent to hold are
 tunnel sites.                 required for mill     required for mill
                               or tunnel sites.      and tunnel sites.
(5) You have a Soldiers and   No..................  No.
 Sailor's Civil Relief Act
 Waiver.
(6) You have a reclamation    No..................  Yes.
 waiver.
(7) You have a waiver         No..................  Yes.
 because you have been
 denied access.
(8) You have a deferment of   No..................  Yes, but only as
 assessment work.                                    described in
                                                     paragraph (c) of
                                                     this section.
(9) You have applied for a    No..................  No.
 mineral patent and BLM has
 issued a final certificate.
------------------------------------------------------------------------

Sec.  3835.32  What should I include when I submit an affidavit of 
assessment work?

    When you submit an affidavit of assessment work as required in 
Sec.  3835.31(d), you must include the following:
    (a) The name and, if available, the BLM serial number of the claim 
for which you did assessment work;
    (b) Any known changes in the mailing addresses of the claimants;
    (c) A non-refundable service charge for each mining claim or site 
affected (see the table of charges in Sec.  3830.21 of this chapter); 
and
    (d) An exact legible reproduction or duplicate, other than 
microfilm or other electronic media, of either:
    (1) The affidavit of assessment work that you filed or will file in 
the county where the claim is located; or
    (2) The report of geological, geochemical, and geophysical surveys 
you filed in the county where the claim is located, as provided for in 
part 3836 of this chapter.


Sec.  3835.33  What should I include when I submit a notice of intent 
to hold?

    When you submit a notice of intent to hold as required in Sec.  
3835.31(d), you must include the following:
    (a) An exact legible reproduction or duplicate of a letter or other 
notice with signatures of one or more of the claimants or their agent 
that states your intention to hold the mining claims or sites for the 
calendar year in which the assessment year ends, and that you filed or 
will file a notice of intent to hold in the county where the claim is 
located;
    (b) If applicable:
    (1) A copy of a BLM decision granting a deferment of the annual 
assessment work;
    (2) A copy of a pending petition for deferment of the annual 
assessment work including the date you submitted the petition; or
    (3) Any other documentation in the notice of intent to hold 
supporting why you are filing a notice of intent to hold instead of an 
assessment work filing;
    (c) The name and, if available, the BLM serial number of the mining 
claim or site;
    (d) Any known changes in the mailing addresses of the claimants; 
and
    (e) A non-refundable service charge for each mining claim or site 
affected. (See the table of service charges in Sec.  3830.21 of this 
chapter.)

Subpart D--Defective Waivers and FLPMA Filings


Sec.  3835.90  Failure to comply with this part.


Sec.  3835.91  What if I fail to file annual FLPMA documents?

    If you fail to file an annual FLPMA document by December 30, as 
required in Sec.  3835.31(d), you forfeit the affected mining claims or 
sites.


Sec.  3835.92  What if I fail to submit a timely waiver request?

    (a) If you fail to submit a qualified waiver request (see Sec.  
3835.1) and also fail to pay an annual maintenance fee by September 
1st, you forfeit the affected mining claims or sites.
    (b) If you fail to list any mining claims or sites that you and all 
related parties own on your small miner waiver request and fail to pay 
an annual maintenance fee by September 1st, you forfeit the unlisted 
mining claims or sites.
    (c) If you fail to cure any defects in your timely waiver request 
or pay the maintenance fee within the allowed time after BLM notifies 
you of the defects, you forfeit the affected mining claims or sites.
    (d) If you, a co-claimant, or any related parties, submit small 
miner waiver requests for more than 10 mining

[[Page 61077]]

claims or sites and fail to pay the $100 maintenance fee for each claim 
on or before the due date, you forfeit the mining claims and sites and 
you may be subject to criminal penalties under 18 U.S.C. 1001.


Sec.  3835.93  What happens if BLM finds a defect in my waiver request?

    (a) BLM will send you a notice describing the defect by certified 
mail-return receipt requested at the most recent address you gave us 
on--
    (1) Your notice or certificate of location;
    (2) An address correction you have filed with BLM;
    (3) A valid transfer document filed with BLM; or
    (4) The waiver request form.
    (b) If the certified mail is delivered to your most recent address 
of record, this constitutes legal service even if you do not actually 
receive the notice or decision. (See 43 CFR 1810.2.)
    (c) You must cure the defective waiver or pay the annual 
maintenance fees within 60 days of receiving BLM notification of the 
defects, or forfeit the claim or site.

0
16. Add part 3836 to read as follows:

PART 3836--ANNUAL ASSESSMENT WORK REQUIREMENTS FOR MINING CLAIMS

Subpart A--Performing Assessment Work
Sec.
3836.10 Performing assessment work.
3836.11 What are the general requirements for performing assessment 
work?
3836.12 What work qualifies as assessment work?
3836.13 What are geological, geochemical, or geophysical surveys?
3836.14 What other requirements must geological, geochemical, or 
geophysical surveys meet to qualify as assessment work?
3836.15 What happens if I fail to perform required assessment work?
Subpart B--Deferring Assessment Work
3836.20 Deferring assessment work.
3836.21 How do I qualify for a deferment of assessment work on my 
mining claims?
3836.22 How do I qualify for a deferment of assessment work on my 
mining claims that are on National Park System (NPS) lands?
3836.23 How do I petition for deferment of assessment work?
3836.24 If BLM approves my petition, what else must I do to obtain a 
deferment of assessment work?
3836.25 What if BLM denies my petition for deferment of assessment 
work?
3836.26 How long may a deferment of assessment work last?
3836.27 When must I complete my deferred assessment work?

    Authority: 30 U.S.C. 22, 28, 28b-28e; 50 U.S.C. App. 501, 565; 
43 U.S.C. 2, 1201, 1457, 1740.

Subpart A--Performing Assessment Work


Sec.  3836.10  Performing assessment work.


Sec.  3836.11  What are the general requirements for performing 
assessment work?

    (a) Beginning in the assessment year that begins after you locate 
your mining claim, you must expend $100 in labor or improvements for 
each claim for each assessment year preceding the date on which you 
file for a small miner waiver.
    (b) You may perform assessment work on:
    (1) Each individual claim;
    (2) One or more claims in a group of contiguous lode or placer 
claims that you own or hold an interest in and that cover the same 
mineral deposit; or
    (3) Adjacent or nearby lands if the work supports development of 
the minerals on the claim(s).
    (c) Your total expenditure must equal at least $100 per claim.


Sec.  3836.12  What work qualifies as assessment work?

    Assessment work includes, but is not limited to--
    (a) Drilling, excavations, driving shafts and tunnels, sampling 
(geochemical or bulk), road construction on or for the benefit of the 
mining claim; and
    (b) Geological, geochemical, and geophysical surveys.


Sec.  3836.13  What are geological, geochemical, or geophysical 
surveys?

    (a) Geological surveys are surveys of the geology of mineral 
deposits. These are done by, among other things, taking mineral 
samples, mapping rock units, mapping structures, and mapping 
mineralized zones.
    (b) Geochemical surveys are surveys of the chemistry of mineral 
deposits. They are done by, among other things, sampling soils, waters, 
and bedrock to identify areas of anomalous mineral values and 
quantities that may in turn identify mineral deposits.
    (c) Geophysical surveys are surveys of the physical characteristics 
of mineral deposits to measure physical differences between rock types 
or physical discontinuities in geological formations. These surveys 
include, among other things, magnetic and electromagnetic surveys, 
gravity surveys, seismic surveys, and multispectral surveys.


Sec.  3836.14  What other requirements must geological, geochemical, or 
geophysical surveys meet to qualify as assessment work?

    (a) Qualified experts must conduct the surveys and verify the 
results in a detailed report filed in the county or recording district 
office where the claim is recorded. A qualified expert is a geologist 
or mining engineer qualified by education and experience to conduct 
geological, geochemical, or geophysical surveys.
    (b) You must record the report on the surveys with BLM and the 
local recording office, as provided in part 3835 of this chapter. This 
report must set forth fully the following:
    (1) The location of the work performed in relation to the point of 
discovery and boundaries of the claim;
    (2) The nature, extent, and cost of the work performed;
    (3) The basic findings of the surveys; and
    (4) The name, address, and professional background of persons 
conducting the work and analyzing the data.
    (c) You may not count these surveys as assessment work for more 
than 2 consecutive years or for more than a total of 5 years on any one 
mining claim.
    (d) No survey may repeat any previous survey of the same claim and 
still qualify as assessment work.


Sec.  3836.15  What happens if I fail to perform required assessment 
work?

    If you are required to perform assessment work and--
    (a) You fail to perform the assessment work as required in this 
part, your claim is open to relocation by a rival claimant as if no 
location had ever been made; or
    (b) You fail substantially to perform the assessment work as 
required in this part and the land is withdrawn from mineral entry or 
the mineral for which the claim was located is no longer subject to the 
Mining Law, BLM may declare your claim forfeited.

Subpart B--Deferring Assessment Work


Sec.  3836.20  Deferring assessment work.

    (a) Under some circumstances, you may obtain a temporary deferment 
that relieves you from performing annual assessment work on your mining 
claims. You may include more than one mining claim in one deferment 
petition if the claims are contiguous.
    (b) If BLM grants you a deferment, you have merely deferred doing 
the assessment work. You still must complete that assessment work for 
that

[[Page 61078]]

assessment year after the deferment period ends, as provided in Sec.  
3836.27.


Sec.  3836.21  How do I qualify for a deferment of assessment work on 
my mining claims?

    You qualify for a deferment of assessment work if--
    (a) You have a mining claim or group of mining claims that you 
cannot enter or gain access to because--
    (1) The claims are surrounded by lands owned by others, including 
BLM, and the land owner has refused to give you a right-of-way or you 
are in litigation regarding the right-of-way or in the process of 
acquiring the right-of-way under state law; or
    (2) Some other legal impediment prevents your access.
    (b) You have received a declaration of taking or notice of intent 
by the Federal Government to take the claim.


Sec.  3836.22  How do I qualify for a deferment of assessment work on 
my mining claims that are on National Park System (NPS) lands?

    Correspondence from NPS merely denying your Plan of Operations for 
incompleteness or inadequacy will not suffice for a deferment of 
assessment work. To qualify for a deferment of assessment work on 
claims situated on NPS lands--
    (a) You must obtain a letter from NPS stating that--
    (1) NPS received and found your proposed Plan of Operations to be 
complete;
    (2) NPS cannot act on the plan until it conducts a validity exam; 
and
    (3) NPS anticipates completing the validity exam after the 
assessment year ends.
    (b) You must send NPS's letter to BLM, along with other documents 
and information that BLM requires (see Sec.  3836.23) to support your 
petition for deferment of assessment work.


Sec.  3836.23  How do I petition for deferment of assessment work?

    In order to apply for deferment--
    (a) You must submit a petition with the BLM State Office that 
includes:
    (1) The names of the claims;
    (2) The BLM serial numbers assigned to the claims;
    (3) The starting date of the one-year period of the requested 
deferment; and
    (4) A statement that you plan to file a small miner waiver form by 
September 1st.
    (b) If you are submitting the petition because BLM or another party 
has denied you a right-of-way, you must also describe--
    (1) The ownership and nature of the land, including topography, 
vegetation, surface water, and existing roads, over which you were 
seeking a right-of-way to reach your claims;
    (2) The land over which you are seeking a right-of-way by legal 
subdivision if the land is surveyed;
    (3) Why present use of the right-of-way is denied or prevented;
    (4) The steps you have taken to acquire the right to cross the 
lands; and
    (5) Whether any other right-of-way is available and if so, why it 
is not feasible to use that right-of-way.
    (c) If you are submitting the petition because of other legal 
impediments to your access to the claim, you must describe the legal 
impediments and submit copies of any documents you have that evidence 
the legal impediments.
    (d) You must record in the local recording office a notice that you 
are petitioning BLM for a deferment of assessment work.
    (e) You must attach a copy of the notice required by paragraph (d) 
of this section to the petition you submit to BLM.
    (f) At least one of the claimants of each of the mining claims for 
which you request a deferment must sign:
    (1) The petition you submit to BLM; and
    (2) The original notice you record with the local recording office.
    (g) You must pay a non-refundable service charge with each 
petition. (See the table of fees and charges in Sec.  3830.21 of this 
chapter.)


Sec.  3836.24  If BLM approves my petition, what else must I do to 
obtain a deferment of assessment work?

    You must record a copy of BLM's decision regarding your petition in 
the local recording office.


Sec.  3836.25  What if BLM denies my petition for deferment of 
assessment work?

    If BLM denies your petition for deferment of assessment work, and 
the assessment year has ended, BLM will give you 60 days from the date 
you receive the BLM decision denying the petition in which to pay the 
maintenance fee to maintain your claim.


Sec.  3836.26  How long may a deferment of assessment work last?

    (a) BLM may grant a deferment for up to one assessment year. 
However, the deferment ends automatically if the reason for the 
deferment ends.
    (b) The deferment period will begin on the date you request in the 
petition unless BLM's approval sets a different date.
    (c) You may petition to renew the deferment for one additional 
assessment year if a valid reason for a deferment continues. BLM cannot 
renew your deferment of assessment work more than once.


Sec.  3836.27  When must I complete my deferred assessment work?

    (a) You may begin the deferred assessment work any time after the 
deferment ends. However, you must complete it before the end of the 
following assessment year. For example, if your deferment ends on July 
15, 2008, you must complete all the deferred assessment work by 
September 1, 2009, in addition to completing the regular assessment 
work due on that date.
    (b) You may also choose to pay the annual maintenance fees for the 
years deferred instead of performing the deferred assessment work.

0
17. Add part 3837 to read as follows:

PART 3837--ACQUIRING A DELINQUENT CO-CLAIMANT'S INTERESTS IN A 
MINING CLAIM OR SITE

Subpart A--Conditions for Acquiring a Delinquest Co-Claimant's 
Interests in a Mining Claim or Site
Sec.
3837.10 Conditions for acquiring a delinquent co-claimant's 
interests.
3837.11 When may I acquire a delinquent co-claimant's interest in a 
mining claim or site?
Subpart B--Acquisition Procedures
3837.20 Acquisition.
3837.21 How do I notify the delinquent co-claimant that I want to 
acquire his or her interests?
3837.22 How long does a delinquent co-claimant have after 
notification to contribute a proportionate share of the assessment 
work, expenditures, or maintenance fees?
3837.23 How do I notify BLM that I have acquired a delinquent co-
claimant's interests in a mining claim or site?
3837.24 What kind of evidence must I submit to BLM to show I have 
properly notified the delinquent co-claimant?
Subpart C--Resolving Co-Claimant Disputes About Acquiring a Delinquest 
Co-Claimant's Interests
3837.30 Disputes about acquiring a delinquent co-claimant's 
interests.

    Authority: 43 U.S.C. 2, 1201, 1457; 50 U.S.C. App. 501, 565; 30 
U.S.C. 28.

Subpart A--Conditions for Acquiring a Delinquest Co-Claimant's 
Interests in a Mining Claim or Site


Sec.  3837.10  Conditions for acquiring a delinquent co-claimant's 
interests.


Sec.  3837.11  When may I acquire a delinquent co-claimant's interests 
in a mining claim or site?

    (a) You may acquire a co-claimant's interest in a mining claim or 
site under the following circumstances:

[[Page 61079]]

    (1) You are a co-claimant who has performed the assessment work, 
made improvements, or paid the maintenance fees required under parts 
3834 and 3836 of this chapter;
    (2) Your co-claimant fails to contribute a proportionate share of 
the assessment work, expenditures, or maintenance fees by the end of 
the assessment year concerned;
    (3) You notify the delinquent co-claimant of the alleged 
delinquency as provided in Sec.  3837.21; and
    (4) If, within 90 days following the date the delinquent co-
claimant received the notice provided for under Sec.  3837.21 or 90 
days following the end of the publication period described in Sec.  
3837.21, the delinquent co-claimant fails or refuses to contribute a 
proportionate share of the assessment work, expenditures, or 
maintenance fees, the remaining co-claimants acquire the delinquent co-
claimant's share in the mining claim or site.
    (b) You may not acquire a co-claimant's interest in a mining claim 
or site if the co-claimant is on active military duty.

Subpart B--Acquisition Procedures


Sec.  3837.20  Acquisition.


Sec.  3837.21  How do I notify the delinquent co-claimant that I want 
to acquire his or her interests?

    (a) You must give the delinquent co-claimant written notice by mail 
using registered or certified mail, return receipt requested, or by 
personal service; or
    (b) If, after diligent search, you cannot locate the delinquent co-
claimant, you must publish notification in a newspaper nearest the 
location of the claims or sites at least once a week for 90 days.


Sec.  3837.22  How long does a delinquent co-claimant have after 
notification to contribute a proportionate share of the assessment 
work, expenditures, or maintenance fees?

    The delinquent co-claimant must contribute a proportionate share of 
the assessment work, expenditures, or maintenance fees within 90 days 
after the date on which--
    (a) The co-claimant received written notice by mail or personal 
service; or
    (b) The 90-day newspaper publication period ended.


Sec.  3837.23  How do I notify BLM that I have acquired a delinquent 
co-claimant's interests in a mining claim or site?

    If you acquire a delinquent co-claimant's interests in a mining 
claim or site, you must submit--
    (a) Evidence that you properly notified the delinquent co-claimant;
    (b) An originally signed and dated statement by all the compliant 
co-claimants that the delinquent co-claimant failed to contribute the 
proper proportion of assessment work, expenditures, or maintenance fees 
within the period fixed by the statute; and
    (c) A non-refundable service charge for a transfer of interest, as 
found in the table of fees in Sec.  3830.21 of this chapter.


Sec.  3837.24  What kind of evidence must I submit to BLM to show I 
have properly notified the delinquent co-claimant?

    (a) If you gave written notice to the delinquent co-claimant by 
personal service, you must sign and submit a notarized affidavit 
explaining how and when you delivered the written notice to the 
delinquent co-claimant.
    (b) If you gave written notice to the delinquent co-claimant by 
mail, you must submit:
    (1) A copy of the notice you mailed to the delinquent co-claimant; 
and
    (2) A copy of the signed U.S. Postal Service return receipt from 
the registered or certified envelope in which you sent the notice to 
the delinquent co-claimant.
    (c) If you published the notice in a newspaper, you must submit:
    (1) A statement from the newspaper publisher or the publisher's 
authorized representative describing the publication, including the 
beginning and ending dates of publication;
    (2) A printed copy of the published notice; and
    (3) A notarized affidavit attesting that you conducted a diligent 
search for the delinquent co-claimant, you could not locate the 
delinquent co-claimant, and therefore notification by publication was 
necessary.

Subpart C--Resolving Co-Claimant Disputes About Acquiring a 
Delinquent Co-Claimant's Interests


Sec.  3837.30  Disputes about acquiring a delinquent co-claimant's 
interests.

    If co-claimants are engaged in a dispute regarding the acquisition 
of a delinquent co-claimant's interests--
    (a) The co-claimants must resolve the dispute, without BLM 
involvement, in a court of competent jurisdiction or proceeding as 
permitted within the state where the disputed claims are located.
    (b) The co-claimants must file with BLM a certified copy of the 
judgment, decree, or settlement agreement resolving the dispute before 
BLM will update its records.

0
18. Add part 3838 to read as follows:

PART 3838--SPECIAL PROCEDURES FOR LOCATING AND RECORDING MINING 
CLAIMS AND TUNNEL SITES ON STOCKRAISING HOMESTEAD ACT (SRHA) LANDS

Subpart A--General Provisions
Sec.
3838.1 What are SRHA lands?
3838.2 How are SRHA lands different from other Federal lands?
3838.3 What rules must I follow to explore for minerals and locate 
mining claims on SRHA lands?
Subpart B--Locating and Recording Mining Claims and Tunnel Sites on 
SRHA Lands
3838.10 Procedures for locating and recording a mining claim or 
tunnel site on SRHA lands.
3838.11 How do I locate and record mining claims or tunnel sites on 
SRHA lands?
3838.12 What must I include in a NOITL on SRHA lands?
3838.13 What restrictions are there on submitting a NOITL on SRHA 
lands?
3838.14 What will BLM do when I submit a NOITL for SRHA lands?
3838.15 How do I benefit from properly submitting a NOITL on SRHA 
lands?
3838.16 What happens if the surface owner of the SRHA lands changes?
3838.17 How do I locate mining claims or tunnel sites after I follow 
the NOITL Procedures?
Subpart C--Compliance Problems
3838.90 Failure to comply with this part.
3838.91 What if I fail to comply with this part?

    Authority: 43 U.S.C. 299(b), 1201, 1457, 1740, 1744; 30 U.S.C. 
22 et seq.

Subpart A--General Provisions


Sec.  3838.1  What are SRHA lands?

    SRHA lands are lands that were--
    (a) Patented under the Stockraising Homestead Act of 1916, as 
amended (30 U.S.C. 54 and 43 U.S.C. 299); or
    (b) Originally entered under the Homestead Act of 1862, as amended, 
and patented under the SRHA after December 29, 1916.


Sec.  3838.2  How are SRHA lands different from other Federal lands?

    SRHA lands are different from other Federal lands in that the 
United States owns the mineral estate of SRHA lands, but not the 
surface estate. Patents issued under the SRHA, and Homestead Act 
entries patented under the SRHA, reserved the mineral estate to the 
United States along with the right to enter, mine, and remove any 
reserved minerals that may be present in the mineral estate.

[[Page 61080]]

Sec.  3838.3  What rules must I follow to explore for minerals and 
locate mining claims on SRHA lands?

    (a) The regulations in this part describe how to notify the surface 
owner before exploring for minerals or locating a mining claim on the 
mineral estate of SRHA lands.
    (b) If you own the surface estate of SRHA lands and want to explore 
for minerals or locate a mining claim on the Federally-reserved mineral 
estate, you do not need to follow the requirements in this part, but 
you must follow the requirements in parts 3832, 3833, 3834 and 3835 of 
this chapter.

Subpart B--Locating and Recording Mining Claims and Tunnel Sites on 
SRHA Lands


Sec.  3838.10  Procedures for locating and recording a mining claim or 
tunnel site on SRHA lands.


Sec.  3838.11  How do I locate and record mining claims or tunnel sites 
on SRHA lands?

    (a) You must--
    (1) Submit a notice of intent to locate mining claims form (NOITL), 
which you may obtain from BLM, with the proper BLM State Office and 
submit a non-refundable service charge for processing the NOITL (see 
the table of fees in Sec.  3830.21 of this chapter);
    (2) Serve a copy of the NOITL on the surface owner(s) of record, by 
registered or certified mail, return receipt requested; and
    (3) Submit proof to BLM that you served a copy of the NOITL on the 
surface owner(s) to complete submission of a NOITL with BLM.
    (b) You can submit the NOITL to BLM and serve a copy of the NOITL 
on the surface owner(s) at the same time.
    (c) If you want to explore parcels of land that are owned by 
different people, you must submit a separate NOITL for each parcel of 
land.
    (d) You must--
    (1) Wait 30 days after you serve the surface owner(s) with the 
NOITL before entering the lands to explore for minerals or locate a 
mining claim or tunnel site; and
    (2) Follow procedures for locating mining claims and tunnel sites 
in part 3832, recording mining claim and tunnel sites in part 3833, and 
annual maintenance of mining claims in parts 3834 and 3835 of this 
chapter.


Sec.  3838.12  What must I include in a NOITL on SRHA lands?

    A NOITL must include:
    (a) The names, mailing address, and telephone numbers of everyone 
who is filing the NOITL. An agent may file the NOITL on behalf of 
others as long as the NOITL is accompanied with proof that the agent is 
authorized to act on behalf of the others.
    (b) Information about the surface owners, including:
    (1) The names, mailing addresses, and telephone numbers of all 
known surface owners of the parcel of land you want to enter;
    (2) Evidence of surface ownership of all parcels covered by the 
NOITL obtained from the tax records of the local government. The 
evidence must show the name of the persons paying the taxes, and must 
contain a legal description of the taxed parcel.
    (3) A description of the lands covered by the NOITL, including:
    (i) The total number of acres to the nearest whole acre; and
    (ii) A map and legal land description to the nearest 5-acre 
subdivision or lot based on a U.S. Public Land Survey of the lands 
covered by the NOITL, including access routes; and
    (4) A brief description of the proposed mineral activities, 
including:
    (i) The name, mailing address, and telephone number of the person 
who will be managing the activities, and
    (ii) A list of the dates on which the activities will take place.


Sec.  3838.13  What restrictions are there on submitting a NOITL on 
SRHA lands?

    (a) At any one time, you or your affiliates may not hold NOITLs for 
more than 1,280 acres of land owned by a single surface owner in any 
one state.
    (b) At any one time, you or your affiliates may not hold NOITLs for 
more than 6,400 acres of land in any one state.
    (c) Your NOITL will expire 90 days after you submit it with BLM, 
unless you submit to BLM a plan of operations that complies with part 
3809 of this chapter within the 90-day period.
    (d) After your NOITL expires, you are not allowed to submit another 
NOITL for the same lands until 30 days after the expiration of the 
previously-filed NOITL.
    (e) Only those persons whose names are listed on the properly-
submitted NOITL, or their agents, will be allowed to explore for 
minerals or locate mining claims or tunnel sites on the lands covered 
by the NOITL.
    (f) For purposes of this section, the term ``affiliates'' means, 
with respect to any person, any other person which controls, is 
controlled by, or is under common control with, such person.


Sec.  3838.14  What will BLM do when I submit a NOITL for SRHA lands?

    When BLM accepts a properly completed and executed NOITL, we will 
note the official land status records. The 90-day segregation period 
begins the day we receive a complete NOITL.


Sec.  3838.15  How do I benefit from properly submitting a NOITL on 
SRHA lands?

    (a) For a 90-day period after you submit a NOITL with BLM and 30 
days after you give notice to the surface owner:
    (1) You may enter the lands covered by the NOITL to explore for 
minerals and locate mining claims (see Sec.  3838.10 for location 
procedures);
    (2) You may cause only minimal disturbance of the surface resources 
on the lands covered by the NOITL;
    (3) You must not use mechanized earthmoving equipment, explosives, 
or toxic or hazardous materials; and
    (4) You must not construct roads or drill pads.
    (b) For 90 days after BLM accepts your NOITL, no other person, 
including the surface owner, may--
    (1) Submit a NOITL for any lands included in your NOITL;
    (2) Explore for minerals or locate a mining claim on the lands 
included in your NOITL; or
    (3) File an application to acquire any interest under section 209 
of FLPMA and part 2720 of this chapter in the lands included in your 
NOITL.
    (c) If you file a plan of operations under subpart 3809 of this 
chapter with BLM, as provided in Section 1 of the Act of April 16, 
1993, 43 U.S.C. 299(b), within the 90-day period, BLM will extend the 
effects of the 90-day period until BLM approves or denies the plan of 
operations under subpart 3809.
    (d) Before you conduct mineral activities, you must post a bond or 
other financial guarantee to cover completion of reclamation (see 
subpart 3809 of this chapter), compensation to the surface owner for 
permanent damages to the surface and loss or impairment of the surface, 
and to cover permanent loss of income due to reduction in the owner's 
use of the land.


Sec.  3838.16  What happens if the surface owner of the SRHA lands 
changes?

    If the surface owner transfers all or part of the surface to a new 
owner after you have recorded a NOITL and served it on the surface 
owner, you do not have to serve a copy of the NOITL on the new surface 
owners.

Subpart C--Compliance Problems


Sec.  3838.90  Failure to comply with this part.


Sec.  3838.91  What if I fail to comply with this part?

    If you fail to comply with the requirements in this part, the NOITL 
is

[[Page 61081]]

void. Mining claims or tunnel sites located under a void NOITL are null 
and void from the beginning and we will cancel them.

PART 3839--SPECIAL LAWS, IN ADDITION TO FLPMA, THAT REQUIRE 
RECORDING OR NOTICE [RESERVED]

0
19. Add and reserve part 3839.

PART 3840--NATURE AND CLASSES OF MINING CLAIMS [REMOVED]

0
20. Remove part 3840 in its entirety.

PART 3850--ASSESSMENT WORK [REMOVED]

0
21. Remove part 3850 in its entirety.

[FR Doc. 03-26673 Filed 10-23-03; 8:45 am]
BILLING CODE 4310-84-P