[Federal Register Volume 62, Number 190 (Wednesday, October 1, 1997)]
[Proposed Rules]
[Pages 51402-51406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26006]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 1820

[WO-350-1430-00-24 1A]
RIN 1004-AC83


Application Procedures

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Land Management (BLM) proposes to revise 43 CFR 
part 1820, which addresses general application procedures, to 
streamline, modernize and clarify the existing provisions, and remove 
obsolete and unnecessary requirements. The proposed rule describes how 
to file an application or other documents with BLM; provides guidance 
on how BLM determines priority for applications filed simultaneously; 
and contains procedures for payments and refunds, and requirements for 
publication and posting of notices.

DATES: Comments: Any comments must be received by BLM at the address 
below by December 1, 1997. BLM will not necessarily consider any 
comments received after the above date during its decisionmaking on the 
proposed rule.

ADDRESSES: If you wish to comment, you may submit your comments by any 
one of several methods. You may mail comments to Bureau of Land 
Management, Administrative Record, Room 401LS,1849 C Street, NW, 
Washington, D.C. 20240. You may also comment via the internet to 
WOC<a href="/cdn-cgi/l/email-protection#a6c9cbcbc3c8d2e6d1c988c4cacb88c1c9d0"><span class="__cf_email__" data-cfemail="47282a2a22293307302869252b2a69202831">[email protected]</span></a>. Please submit comments as an ASCII file avoiding 
the use of special characters and any form of encryption. Please also 
include ``attn: AC 83'''' and your name and return address in your 
message. If you do not receive a confirmation from the system that we 
have received your internet message, contact us directly at (202) 452-
5030.
    Finally, you may hand-deliver comments to BLM at 1620 L Street, NW, 
Room 401, Washington, D.C. Comments, including names and street 
addresses of respondents, will be available for public review at this 
address during regular business hours, 7:45 a.m. to 4:15 p.m., Monday 
through Friday, except holidays. Individual respondents may request 
confidentiality, which BLM will consider on a case-by-case basis. If 
you wish to request that BLM consider withholding your name or street 
address from public review or from disclosure under the Freedom of 
Information Act, you must state this prominently at the beginning of 
your comment. All submissions from organizations or businesses, and 
from individuals identifying themselves as representatives or officials 
of organizations or businesses, will be made available for public 
inspection in their entirety.

FOR FURTHER INFORMATION CONTACT: Mary Linda Ponticelli, Telephone: 
(202) 452-0364, or Frances Watson, Telephone: (202) 452-5006 
(Commercial or FTS).

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures
II. Background
III. Discussion of Proposed Rule
IV. Procedural Matters

I. Public Comment Procedures

Written Comments

    Written comments on the proposed rule should be specific, should be 
confined to issues pertinent to the proposed rule, and should explain 
the reason for any recommended change. Where possible, comments should 
reference the specific section or paragraph of the proposal which the 
commenter is addressing. BLM may not necessarily consider or include in 
the Administrative Record for the final rule comments which BLM 
receives after the close of the comment period (see DATES) or comments 
delivered to an address other than those listed above (see ADDRESSES).

II. Background

    Since public land records contain the basic land title information 
for over two-thirds of the nation's real property, BLM places great 
importance on providing standardized methods for processing 
applications for public lands to ensure that BLM processes all 
applications received in an equitable and efficient manner. When the 
public lands were open to settlement under various laws, BLM 
established specific procedures for filing each type of application 
pertaining to land use authorizations. Despite the existence of 
detailed application procedures for specific BLM programs, BLM 
recognized the need to have general procedures applicable to all BLM 
land use authorization programs addressed in a centralized location in 
the Code of Federal Regulations. Although there may be certain 
variances among application procedures for specific land use 
authorizations, for example, filing fees, the general procedures 
covered in these regulations have assisted BLM in determining priority 
among those applications (sometimes numbering in the thousands) 
competing for the same claim or parcel.
    These general procedural regulations continue to serve important 
functions, such as informing members of the public of proposed BLM 
actions or decisions through publication and posting of notices. Thus, 
there is still a need for general procedural direction to ensure 
consistency in processing documents and uniformity in treatment of all 
BLM's customers.

III. Discussion of Proposed Rule

    This proposed rule, which would revise the application procedures 
at 43 CFR part 1820, provides general information on how to file 
documents with BLM, such as applications for various BLM resource 
programs. The proposed rule will continue to provide addresses and 
geographical areas of jurisdiction of BLM State Offices, as well as 
standardized requirements for such things as application procedures, 
filing times and locations for filing. This proposed rule also contains 
guidance as

[[Page 51403]]

to how BLM determines ``first in line'' priority for applications filed 
simultaneously; procedures for payments and refunds; and requirements 
for posting and publication of notices.
    Many of the changes in the proposed rule would have no substantive 
effect on the current regulatory framework, but rather merely rewrite 
the existing provisions in Plain English, and rename and renumber 
subparts and sections. To keep the focus of the regulations on general 
application procedures, we have removed certain regulatory provisions 
that pertain to specific BLM resource programs, for example, section 
1821.5-3 (mining claims), as these provisions are addressed in program-
specific regulations found in other parts and subparts of this title. 
(See 43 CFR 3862.1-1(c).)
    The proposed rule also would remove subpart 1823 (Proofs and 
Testimony) and subpart 1826 (Reinstatement of Cancelled Entries) in 
their entirety, as their applicability is now limited to desert land 
entries and pertinent provisions are addressed in part 2520 of this 
title, Desert Land Entries. Many procedural requirements that are no 
longer applicable would also be removed, e.g., requirements addressed 
in section 1821.6, pertaining to time constraints for applications 
filed in BLM offices in Alaska; and requirements addressed in section 
1822.3 (Act of June 16, 1880), pertaining to homesteads. Existing 
subpart 1822 (Payments and Repayments) would be renamed Payments and 
Refunds and redesignated subpart 1823, and a new subpart 1822 would be 
added. We have changed the general rule in Sec. 1821.5 that 
applications relating to lands in more than one land district must be 
filed in each office having jurisdiction over the lands. Instead, 
proposed Sec. 1822.16 would provide that the application could be filed 
with any BLM State Office having jurisdiction over the lands. This 
proposed change adopts as the general rule the practice now followed 
for right-of-way grants, as provided in 43 CFR 2802.2-1(d). We 
specifically invite comment on this change.
    With respect to requests for refunds filed by heirs, executors, 
administrators, assignees, and mortgagees, we are removing from 
redesignated subpart 1823 listings of detailed information that adverse 
claimants may submit for refunds. Very rarely does BLM receive a 
request for a refund from anyone other than an applicant and, 
therefore, it is counterproductive to BLM's efforts to streamline and 
to clarify its regulations to list all the various types of 
documentation that third parties can file with BLM as proof of 
entitlement for a refund. Upon request, BLM offices will provide 
information regarding appropriate documentation. We have deleted 
details of publishing a notice from subpart 1824, as those details are 
addressed in program-specific regulations. (See, for example, 43 CFR 
2541.5(a).) We have also deleted the specific requirements in 
Sec. 1824.1-1 regarding qualifications of newspapers in which notices 
are published.
    The more notable substantive changes include proposed section 
1822.13, which would allow certain applications that do not require an 
original signature to be filed electronically, and redesignated section 
1823.10, which would provide that BLM now accept payments by Visa or 
Master Card in addition to more traditionally accepted forms of 
payment.
    The most significant change is the conversion to Plain English, a 
process that BLM believes will significantly clarify what an applicant 
must do to complete a successful application. By making its procedures 
streamlined, modern and easier to understand, BLM can improve its 
relationship with its customers and use its resources more efficiently. 
The conversion of part 1820 is, therefore, a key step in BLM's overall 
regulatory reform effort.
    These general regulations are supplemented by specific BLM program 
regulations. If there is a conflict, the specific program regulations 
will govern.

IV. Procedural Matters

National Environmental Policy Act

    BLM has prepared an environmental assessment (EA), and has found 
that the proposed rule would not constitute a major Federal action 
significantly affecting the quality of the human environment under 
Section 102(2)(C) of the National Environmental Policy Act of 1969 
(NEPA), 42 U.S.C. 4332(2)(C). BLM has placed the EA and the Finding of 
No Significant Impact (FONSI) on file in the BLM Administrative Record 
at the address specified previously. BLM invites the public to review 
these documents by contacting us at the addresses listed above (see 
ADDRESSES), and suggests that anyone wishing to submit comments in 
response to the EA and FONSI do so in accordance with the Written 
Comments section above, or contact us directly.

Paperwork Reduction Act

    This rule does not contain information collection requirements that 
the Office of Management and Budget must approve under the Paperwork 
Reduction Act of 1995, 44 U.S.C. Sec. 3501 et seq.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980 (RFA), 5 
U.S.C. 601 et seq., to ensure that Government regulations do not 
unnecessarily or disproportionately burden small entities. The RFA 
requires a regulatory flexibility analysis if a rule would have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. Based on the discussion contained 
in this preamble above--that the proposed rule would merely convert 
text to Plain English, update existing provisions, and abolish 
unnecessary requirements--BLM anticipates that this proposed rule will 
have no significant impact on the public at large. Therefore, BLM has 
determined under the RFA that this proposed rule would not have a 
significant economic impact on a substantial number of small entities.

Unfunded Mandates Reform Act

    Revising 43 CFR 1820 will not result in any unfunded mandate to 
State, local, or tribal governments in the aggregate, or to the private 
sector, of $100 million or more in any one year.

Executive Order 12612

    The proposed rule will not have a substantial direct effect on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among 
various levels of government. Therefore, in accordance with Executive 
Order 12612, BLM has determined that this proposed rule does not have 
sufficient federalism implications to warrant preparation of a 
Federalism Assessment.

Executive Order 12630

    The proposed rule does not represent a government action capable of 
interfering with constitutionally protected property rights. Section 
2(a)(1) of Executive Order 12630 specifically exempts actions 
abolishing regulations or modifying regulations in a way that lessens 
interference with private property use from the definition of 
``policies that have takings implications.'' Since the primary function 
of the rule is the conversion to Plain English and to abolish 
unnecessary regulatory provisions, there will be no private property 
rights impaired as a result. Therefore, the Department of the Interior 
has determined that the rule would not cause a taking of private 
property or

[[Page 51404]]

require further discussion of takings implications under this Executive 
Order.

Executive Order 12866

    According to the criteria listed in section 3(f) of Executive Order 
12866, BLM has determined that the proposed rule is not a significant 
regulatory action. As such, the rule is not subject to Office of 
Management and Budget review under section 6(a)(3) of the order.

Executive Order 12988

    The Department of the Interior has determined that this rule meets 
the applicable standards provided in sections 3(a) and 3(b)(2) of 
Executive Order 12988.

Author

    The principal author of this rule is Mary Linda Ponticelli, 
Planning Assessment, and Community Support Group, Telephone: 202-452-
0364 (Commercial or FTS), assisted by Frances Watson, Regulatory 
Affairs Group, Telephone: 202-452-5006, and Ted Bingham of the Arizona 
State Office.

List of Subjects in 43 CFR Part 1820

    Administrative practice and procedure; Archives and records; Public 
lands.

    Dated: September 25, 1997.
Sylvia V. Baca,
Deputy Assistant Secretary--Land and Minerals Management.

    Accordingly, BLM proposes to revise Part 1820 of Group 1800, 
subchapter A, chapter II of Title 43 of the Code of Federal Regulations 
as set forth below:

PART 1820--APPLICATION PROCEDURES

Subpart 1821--General Information

1821.10  Where are BLM offices located?
1821.11  During what hours may I file an application?
1821.12  Are these the only regulations that will apply to my 
application or other required document?

Subpart 1822--Filing a Document With BLM

1822.10  How should my name appear on applications and other 
required documents that I submit to BLM?
1822.11  What must I do to make an official filing with BLM?
1822.12  Where do I file my application or other required documents?
1822.13  May I file electronically?
1822.14  What if I try to file a required document on the last day 
of the stated period for filing, but the BLM office where it is to 
be filed is officially closed all day?
1822.15  If I miss filing a required document or payment within the 
specified period, can BLM consider it timely filed anyway?
1822.16  Where do I file an application that involves lands under 
the jurisdiction of more than one BLM State Office?
1822.17  When are documents considered filed simultaneously?
1822.18  How does BLM decide in which order to accept documents that 
are simultaneously filed?

Subpart 1823--Payments and Refunds

1823.10  How may I make my payments to BLM?
1823.11  What is the authority for BLM issuing a refund of payment?
1823.12  When and how may I obtain a refund?
1823.13  Is additional documentation needed when a third party 
requests a refund?

Subpart 1824--Publication and Posting Notices

1824.10  What is a publication?
1824.11  What does it mean to post a notice?
1824.12  Why must I post a notice?
1824.13  If I must post a notice on the land, what are the 
requirements?
1824.14  How does BLM choose a newspaper in which to publish a 
notice?
1824.15  How many times must BLM publish a notice?
1824.16  Who pays for publication?
1824.17  Does the claimant or applicant pay for an error by the 
printer of the paper in which the notice appears?

Subpart 1825--Relinquishments

1825.10  If I relinquish my interest (such as a claim or lease) in 
public land, am I relieved of all further responsibility associated 
with that interest?
1825.11  When are relinquishments effective?
1825.12  When does relinquished land become available again for 
other application or appropriation?

    Authority: 5 U.S.C. 552, 43 U.S.C. 2, 1201, 1733, and 1740.

Subpart 1821--General Information


Sec. 1821.10  Where are BLM offices located?

    (a) In addition to the national Headquarters Office in Washington, 
D.C. and five specialty centers, BLM operates 12 State Offices, each 
having several subsidiary offices called District Offices and Resource 
Area Offices. The addresses of the State Offices and their respective 
geographical areas of jurisdiction are as follows:

State Offices and Areas of Jurisdiction:

Alaska State Office, 222 West 7th Avenue, #13, Anchorage, AK 99513-
7599--ALASKA
Arizona State Office, 3707 North 7th Street, Phoenix, AZ 85014-5080; 
Mail: P.O. Box 16563, Phoenix, AZ 85011-6563--ARIZONA
California State Office, 2135 Butano Drive, Sacramento, CA 95825--
CALIFORNIA
Colorado State Office, 2850 Youngfield Street, Lakewood, CO 80215-
7076--COLORADO
Eastern States Office, 7450 Boston Boulevard, Springfield, VA 
22153--ARKANSAS, IOWA, LOUISIANA, MINNESOTA, MISSOURI, AND ALL 
STATES EAST OF THE MISSISSIPPI RIVER
Idaho State Office, 3380 Americana Terrace, Boise, ID 83706-2500--
IDAHO
Montana State Office, Granite Tower, 222 North 32nd Street, 
Billings, MT 59101; Mail: P.O. Box 36800, Billings, MT 59107-6800--
MONTANA, NORTH DAKOTA AND SOUTH DAKOTA
Nevada State Office, 850 Harvard Way, P.O. Box 12000, Reno, NV 
89520-0006--NEVADA
New Mexico State Office, 1474 Rodeo Drive, Santa Fe, NM 87505; Mail: 
P.O. Box 27115, Santa Fe, NM 87502-0115--KANSAS, NEW MEXICO, 
OKLAHOMA AND TEXAS
Oregon State Office, 1515 S.W. 5th Avenue, P.O. Box 2965, Portland, 
OR 97208-2965--OREGON AND WASHINGTON
Utah State Office, CFS Financial Center, 324 South State Street, 
Salt Lake City, UT 84111-2303 Mail: P.O. Box 45155, Salt Lake City, 
UT 84145-0155--UTAH
Wyoming State Office, 5353 Yellowstone Road, Cheyenne, WY 82003; 
Mail: P.O. Box 1828, Cheyenne, WY 82003--WYOMING AND NEBRASKA

    (b) A list of the names, addresses and geographical areas of 
jurisdiction of all District and Resource Area Offices of the Bureau of 
Land Management can be obtained at these addresses or any office of the 
Bureau of Land Management, including the Washington Office, Bureau of 
Land Management, 1849 C Street, NW., Washington, DC 20240.


Sec. 1821.11  During what hours may I file an application?

    You may file applications or other documents or inspect official 
records during BLM office hours. Each BLM office will prominently 
display a notice of the hours during which that particular office will 
be open. Except for offices which are open periodically, for example, 
every Wednesday or the 3rd Wednesday of the month, all offices will be 
open Monday through Friday, excluding national holidays, at least from 
9 a.m. to 3 p.m., local time.


Sec. 1821.12  Are these the only regulations that will apply to my 
application or other required document?

    No. The regulations in this part are supplemented by specific 
program regulations. If there is a conflict, the specific program 
regulations will govern.

[[Page 51405]]

Subpart 1822--Filing a Document With BLM


Sec. 1822.10  How should my name appear on applications and other 
required documents that I submit to BLM?

    Your full name should appear on your application and other required 
documents.


Sec. 1822.11  What must I do to make an official filing with BLM?

    You must file your application and any other required documents 
during regular office hours at the appropriate BLM office having 
jurisdiction over the lands or records involved. You must file any 
document with BLM through personal delivery or by mailing via the 
United States Postal Service or other delivery service, except for 
those applications that may be filed electronically under Sec. 1822.13, 
or unless a more specific regulation or law specifies the mode of 
delivery. The date of mailing is not the date of filing.


Sec. 1822.12  Where do I file my application or other required 
documents?

    You should file your application or other required documents at the 
BLM office having jurisdiction over the lands or records involved. The 
specific BLM office (such as a State Office or District Office) where 
you are to file your application is usually referenced in the BLM 
regulations which pertain to the filing you are making. If the 
regulations do not name the specific office, or if you have questions 
as to where you should file your application or other required 
documents, you should contact your local BLM office for information.


Sec. 1822.13  May I file electronically?

    For certain types of applications BLM will accept your electronic 
filing if an original signature is not required. If BLM requires your 
signature, you must file your application or document by personal 
delivery or by mailing. If you have any questions regarding which types 
of applications can be electronically filed, you should check with the 
BLM office where you intend to file your application.


Sec. 1822.14  What if I try to file a required document on the last day 
of the stated period for filing, but the BLM office where it is to be 
filed is officially closed all day?

    BLM considers the document timely filed if we receive it in the 
office on the next day it is officially open.


Sec. 1822.15  If I miss filing a required document or payment within 
the specified period, can BLM consider it timely filed anyway?

    BLM can consider it timely filed if:
    (a) The law permits BLM to do so;
    (b) No intervening third party interests or rights have been 
created or established during the intervening period; and
    (c) BLM decides filing after the specified period would not 
interfere with the orderly conduct of business.


Sec. 1822.16  Where do I file an application that involves lands under 
the jurisdiction of more than one BLM State Office?

    You may file your application with any BLM State Office having 
jurisdiction over the subject lands. You should consult the regulations 
of the particular BLM resource program involved for more specific 
information.


Sec. 1822.17  When are documents considered filed simultaneously?

    (a) BLM considers two or more documents simultaneously filed when:
    (1) They are received at the appropriate BLM office at the same 
time; or
    (2) They are filed in conjunction with an order that specifies that 
documents received by the appropriate office during a specified period 
of time will be considered as simultaneously filed.
    (b) An application or document that arrives at the BLM office where 
it is to be filed when the office is closed for the entire day will be 
considered as filed on the day and hour the office next officially 
opens.
    (c) Nothing in this section will deny any preference right granted 
by applicable law or regulation or validate a document which is invalid 
under applicable law or regulation.


Sec. 1822.18  How does BLM decide in which order to accept documents 
that are simultaneously filed?

    BLM makes this decision by a drawing open to public view.

Subpart 1823--Payments and Refunds


Sec. 1823.10  How may I make my payments to BLM?

    (a) Unless specific regulations provide otherwise, you may pay by:
    (1) United States currency; or
    (2) Checks, money orders, or bank drafts made payable to the Bureau 
of Land Management; or
    (3) Visa or Master Card credit charge, except as specified by 
pertinent regulation(s).
    (b) You are responsible for BLM's costs of collecting payment if 
insufficient funds back your form of payment and cause BLM to institute 
collection procedures.


1823.11  What is the authority for BLM issuing a refund of a payment?

    BLM can issue you a refund under the authority of Section 304(c) of 
the Federal Land Policy and Management Act, 43 U.S.C. 1734.


Sec. 1823.12  When and how may I obtain a refund?

    (a) In making a payment to BLM, if the funds or fees you submitted 
to BLM exceed the amount required or if the regulations in this part 
provide that fees submitted to BLM must be returned in certain 
situations, you may be entitled to a full or partial refund.
    (b) If you believe you are due a refund, you may request it from 
the BLM office where you previously submitted your payment. You should 
state the reasons why you believe you are entitled to a refund and 
include a copy of the appropriate receipt, canceled check, or other 
relevant documents.


Sec. 1823.13  Is additional documentation needed when a third party 
requests a refund?

    Yes. When refund requests are made by heirs, executors, 
administrators, assignees, or mortgagees, BLM may require additional 
documentation to establish entitlement to a refund. If you are an heir, 
executor, administrator, assignee or mortgagee, you should contact the 
BLM office where you will file your refund application for information 
regarding appropriate documentation.

Subpart 1824--Publication and Posting of Notices


Sec. 1824.10  What is publication?

    Publication means publishing a notice announcing an occurrence or a 
proposed action in the Federal Register, a local newspaper of 
established character and general circulation in the vicinity of the 
land affected or other appropriate periodical. BLM's purpose in 
publishing or causing the publication of such information is to advise 
you and other interested parties that some action will occur and that 
the public is invited either to participate or to comment.


Sec. 1824.11  What does it mean to post a notice?

    Posting a notice is similar to publishing a notice except that the 
notice is displayed at the appropriate BLM office, local courthouse or 
similar prominent local government building or on a prominent fixture 
such as a building, tree or post located on the particular public lands 
involved.


Sec. 1824.12 Why must I post a notice?

    The posting of a notice informs those persons who may be interested 
in the lands or resources described, who have

[[Page 51406]]

valid information to provide, or who may wish to oppose the proposal.


Sec. 1824.13  If I must post a notice on the land, what are the 
requirements?

    The posted notice must be visible throughout the time period for 
posting specified in the regulations governing the relevant program. 
BLM or its regulations may require additional posting, such as in a 
post office or city hall. For any additional posting requirements, you 
should see applicable Federal and State law, the regulations of the 
particular BLM resource program and any additional BLM requirements 
associated with your application.


Sec. 1824.14  How does BLM choose a newspaper in which to publish a 
notice?

    BLM bases its choice of newspapers on their reputation and 
frequency and level of circulation in the vicinity of the public lands 
involved.


Sec. 1824.15  How many times must BLM publish a notice?

    The number of times that BLM will publish or cause to be published 
a notice depends on the publication requirements for the particular 
action involved. You should see the applicable law and the regulations 
governing specific BLM resource programs for information on the 
requirements for publication for a particular action.


Sec. 1824.16  Who pays for publication?

    The cost of publication is the responsibility of the claimant or 
applicant.


Sec. 1824.17  Does the claimant or applicant pay for an error by the 
printer of the paper in which the notice appears?

    No, the claimant or applicant is not responsible for costs involved 
in correcting an error by the printer.

Subpart 1825--Relinquishments


Sec. 1825.10  If I relinquish my interest (such as a claim or lease) in 
public lands, am I relieved of all further responsibility associated 
with that interest?

    No. You are still responsible for fulfilling regulatory, statutory, 
lease, permit and other contractual obligations such as performance of 
reclamation and payment of rentals accruing before the time of 
relinquishment. You should see the regulations relating to the specific 
BLM resource program involved for more detailed information.


Sec. 1825.11  When are relinquishments effective?

    Generally, BLM considers a relinquishment to be effective when it 
is received, along with any required fee, in the BLM office having 
jurisdiction of the lands being relinquished. However, the specific 
program regulations govern effectiveness of relinquishments.


Sec. 1825.12  When does relinquished land become available again for 
other application or appropriation?

    Relinquished land does not again become available until BLM notes 
the filed relinquishment of an interest on the land records maintained 
by the BLM office having jurisdiction over the lands involved. If you 
have any questions regarding the availability of a particular tract of 
land, you should contact the BLM office having jurisdiction over the 
lands or records.

[FR Doc. 97-26006 Filed 9-30-97; 8:45 am]
BILLING CODE 4310-84-P


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