[Federal Register Volume 62, Number 239 (Friday, December 12, 1997)]
[Rules and Regulations]
[Pages 65376-65378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32508]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Parts 3740, 3810, and 3820

[WO-340-1220-00-24 1A]
RIN 1004-AD05


Multiple Use, Mining; Mining Claims Under the General Mining Laws

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rule.

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SUMMARY: The Bureau of Land Management (BLM) is removing several 
obsolete or unnecessary regulations, and revising regulations 
concerning mining on Papago Indian Reservation lands. The regulations 
BLM is removing concern certain programs under the Multiple Minerals 
Development Act: claimant's rights; opening of Helium reserves to 
mining location and mineral leasing; and regulations under the statute 
entitled ``Mining Rights in Prescott National Forest'' concerning 
mining in the watershed of the city of Prescott, Arizona. Each of the 
regulations being removed is unnecessary or obsolete, either because it 
describes programs which no longer exist or because it contains 
requirements already achieved by statutes or other applicable 
regulations. Removing these items will have no impact on BLM customers 
or the public at large.

EFFECTIVE DATE: January 12, 1998.

ADDRESSES: You may send inquiries or suggestions to: Director (630), 
Bureau of Land Management, 1849 C Street, N.W., Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Roger Haskins, Bureau of Land 
Management, Solid Minerals Group, 1849 C Street, N.W., Washington, DC 
20240; Telephone: 202-452-0355.

SUPPLEMENTARY INFORMATION:

I. Background and Discussion of Final Rule as Adopted
II. Responses to Comments
III. Procedural Matters

I. Background and Discussion of Final Rule as Adopted

    The regulations that are being removed are obsolete and 
unnecessary, and therefore can be eliminated without negative 
consequences.
    Subpart 3744 concerns the rights of leasable minerals mining 
claimants. These rights are derived from the Multiple Mineral 
Development Act, 30 U.S.C. 521 et seq. (the Leasing Act). However, 
rather than implementing or interpreting the Act, subpart 3744 merely 
quotes Sections 7(d) and 8 of the Act, 30 U.S.C. 527(d), 528. The 
regulation consists entirely of duplicated statutory language and adds 
nothing to the protections of mining claimants' rights already 
contained in the statute. Because those rights are preserved by the 
statute and not the regulation, this regulation serves no substantive 
purpose, and can be deleted without any impact on the regulated 
community or the United States.
    Subpart 3745, concerning the conditions for opening Helium Reserves 
to mining location and mineral leasing, also consists of unnecessary 
recitation of the Leasing Act. 43 CFR 3745.1(a) is merely a direct 
quote of section 9 of the Act, 30 U.S.C. 529. In addition, 43 CFR 
3745.1(b) contains language not derived from the Act, asserting that 
applications filed prior to published notice to open the helium 
reserves will confer no rights. However, this provision is completely 
obsolete and without any substantive importance. Merely filing an 
application cannot confer any rights until the application is approved. 
Furthermore, Helium Reserves Numbers 1 and 2 were opened in 1955, have 
since been withdrawn, and BLM has determined that no pre-existing 
applications under this subpart currently exist. Therefore, because 
this regulation contains only duplicated statutory language and 
obsolete provisions, it can be deleted without

[[Page 65377]]

affecting the rights of the public at large or altering existing law.
    Section 3811.2-7 is also obsolete and will be removed. This section 
indicates that claims to mine fissionable source material may be 
located on coal lands under certain circumstances and regulations. This 
provision is merely informational and is wholly unnecessary. Claims to 
mine fissionable and other source material on lands valuable for coal 
are governed by 30 U.S.C. 541i, which withdrew coal-bearing public 
lands from these types of claims on August 11, 1975. All mining claims 
on the subject lands became void as of that date, except where a 
claimant had previously filed a mineral patent application. Therefore, 
no further claims can be located under the provisions of 43 CFR 3811.2-
7, making this regulation obsolete as well as redundant.
    Subpart 3824, concerning mining in the Prescott (AZ) city 
watershed, will also be removed because it consists entirely of 
restatements from the underlying statute at 16 U.S.C. 482a, internal 
procedures, and non-binding policy statements. Section 3824.1(a) and 
the first sentence of 3824.1(c) unnecessarily restate statutory 
language. Section 3824.1(b), which directs the authorized officer to 
note certain application terms on the application itself, depicts 
internal procedures better suited to the BLM Manual. The remainder of 
3824.1(c) elaborates on the statutory provision that valid, pre-
existing mining claims in this location may be perfected as the 
claimant desires. This subsection adds nothing to the statutory law by 
pointing out that ``as the claimant desires'' means claimants can 
subject themselves to the statutory provisions or not; therefore this 
section is also redundant and unnecessary.
    Subpart 3825, concerning mining on Papago Indian Reservation lands, 
is partially obsolete. Papago lands were closed to mineral entries in 
1955; therefore, the provisions of this subpart pertaining to locating 
claims are obsolete. However, BLM has determined that there are 11 
unpatented claims remaining within the lands owned by the Papago 
Indians (now known as Tohono O'Odham). These claims are still subject 
to the restrictions and rental payments described in the existing 
subpart 3825. Therefore, BLM will revise the regulations in this 
subpart to incorporate the Tohono O'Odham tribe's name change. Subpart 
3825 will be revised in a separate rulemaking, to remove obsolete 
provisions and rewrite the regulations in plain English.
    The final rule published today is a stage of a rulemaking process 
that will conclude with the removal of 43 CFR subparts 3744, 3745, 
3824, and section 3811.2-7, and the revision of subpart 3825. This rule 
was preceded by a proposed rule which introduced this action and BLM's 
purpose and need. The proposed rule was published in the Federal 
Register on October 5, 1996 (61 FR 51667). This proposed rule was 
intended to give anyone who would be adversely affected by this action 
an opportunity to call their concerns to our attention. The BLM invited 
public comments for 30 days, and received only one comment, which came 
from a Federal agency.

II. Responses to Comments

    The only comment came from BLM's Arizona state office, which 
pointed out that there were 11 active, unpatented claims and at least 
one active mine presently operating on Tohono O'Odham lands, and 
therefore they recommended we not remove subpart 3825 in its entirety. 
As a result of this information, BLM proposes instead to only revise 43 
CFR subpart 3825 by incorporating the Tohono O'Odham tribe's name 
change.

III. Procedural Matters

National Environmental Policy Act

    BLM has prepared an environmental assessment (EA) and has found 
that the final 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, 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. 
BLM invites the public to review these documents by contacting us at 
the addresses listed above (see ADDRESSES).

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, 44 U.S.C. 3501 et seq.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980, 5 U.S.C. 
601 et seq. (RFA), as amended, to ensure that Government regulations do 
not unnecessarily or disproportionately burden small entities. The RFA 
requires a regulatory flexibility analysis unless an agency certifies 
that the rule would not have a significant economic impact on a 
substantial number of small entities. Because this rule is limited to 
removing regulations which have become obsolete or which duplicate 
statutory language, BLM believes that this final rule will not impact 
any small entities. Therefore, BLM certifies that this final rule will 
not have a significant economic impact on a substantial number of small 
entities.

Unfunded Mandates Reform Act

    Revising 43 CFR subpart 3825 and removing 43 CFR subparts 3744, 
3745 and 3824 and 43 CFR 3811.2-7 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 final rule will not have a substantial direct effect on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 12612, BLM has determined that this final rule does not have 
sufficient federalism implications to warrant preparation of a 
Federalism Assessment.

Executive Order 12630

    The final 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 final rule is to abolish unnecessary regulations, 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 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 final rule is not a significant 
regulatory action. As such, the final 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.

[[Page 65378]]

    Author. The principal author of this rule is Roger Haskins, Solids 
Group, Bureau of Land Management, 1849 C Street, N.W., Room 401-LS, 
Washington, DC 20240; Telephone: 202-452-0355.

List of Subjects

43 CFR Part 3740

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

43 CFR 3810

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

43 CFR 3820

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

    Dated: December 1, 1997.

    For the reasons stated in the preamble, and under the authority of 
43 U.S.C. 1740, parts 3740 of Group 3700 and parts 3810 and 3820 of 
Group 3800, Subchapter C, Chapter II of Title 43 of the Code of Federal 
Regulations are amended as set forth below:
Sylvia V. Baca,
Assistant Secretary, Land and Minerals Management.

PART 3740--[AMENDED]

    1. Part 3740 is amended by removing subpart 3744 in its entirety.
    2. Part 3740 is amended by removing subpart 3745 in its entirety.

PART 3810--[AMENDED]

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

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

    4. Part 3810 is amended by removing Section 3811.2-7 in its 
entirety.

PART 3820--[AMENDED]

    5. The authority citation for part 3820 continues to read as 
follows:

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

    6. Part 3820 is amended by removing subpart 3824 in its entirety.
    7. Part 3820 is amended by revising the heading for subpart 3825 to 
read as follows:

Subpart 3825--Tohono O'Odham (Formerly Papago) Indian Reservation, 
Arizona

    8. Part 3820 is amended by revising all references to the name 
``Papago'' in subpart 3825 to read ``Tohono O'Odham''.

[FR Doc. 97-32508 Filed 12-11-97; 8:45 am]
BILLING CODE 4310-84-P