Mining Claims; Rental, Maintenance, and Location Fees; Lands Open to Location, National Parks, King Range National Conservation Area, Indian Reservations, Surface Management; Removal of Obsolete or Expired Regulations, Consolidation of Remaining Sections

SUMMARY: This document has two objectives. The rule would implement

Title X, Subtitle B, sections 10101 through 10106 of the Omnibus Budget

Reconciliation Act of August 10, 1993 (Pub. L. 103-66, 107 Stat. 312)

(the Act), which are entitled ``Hardrock Mining Claim Maintenance

Fee.'' Section 10106 of the Act requires the Secretary to issue

regulations implementing the Act as soon as practicable after

enactment. The Act extends, in effect, with certain modifications, the

mining claim fee provisions of the Act of October 5, 1992, until

September 30, 1998. These Acts require, unless the claimant qualifies

for an exemption (or waiver), payment of an annual fee of $100 per

mining claim or site located and held on the public lands pursuant to

the General Mining Law of 1872. The Act also establishes a new location

fee of $25 for each new mining claim or site located on public lands on

or after August 11, 1993, and before September 30, 1998, which is

required to be paid at the time of recording of the mining claim or

site with the Bureau of Land Management (BLM) under section 314(b) of

the Federal Land Policy and Management Act of 1976 (FLPMA) and the

regulations in 43 CFR 3833. It also implements the new location and

recording requirements for mining claims located on Stockraising

Homestead Act lands required by the Act of April 16, 1993 (107 Stat.

60).

It removes obsolete or expired provisions, and consolidates

provisions that are still in force and effect, in the regulations

concerning location and entry of mining claims and sites on coal

bearing lands, on the National Park System units, the King Range

Conservation Area, and Indian reservations.

DATES: Comments should be submitted by June 10, 1994. Comments received

or postmarked after this date may not be considered in the decision

making process on the issuance of the final rule.

ADDRESSES: Comments should be submitted to: Director (140), Bureau of

Land Management, room 5555 MIB, 1849 C Street NW., Washington, DC

20240. Comments will be available for public review in room 5555 of the

above address during regular business hours (7:45 a.m. to 4:15 p.m.),

Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Frank Bruno, (202) 452-0350, or Roger

Haskins, (702) 785-6576.

SUPPLEMENTARY INFORMATION:

1. Maintenance and Location Fees

Most of this rule is devoted to amending the regulations (43 CFR

parts 3730, 3820, 3830, and 3850) previously published in the Federal

Register on July 15, 1993 (58 FR 38186), and corrected on August 3,

1993 (58 FR 41184). That rule implemented the Act of October 5, 1992

(106 Stat. 1374), which required a $100 rental fee per mining claim or

site for the 1993 and 1994 assessment years, with payment due for both

assessment years by August 31, 1993. The law exempted claimants who

owned 10 or fewer mining claims and sites and met other criteria. The

1993 Act extended the $100 per claim or site fee to September 30, 1998,

making it an annual payment of $100 due on each August 31st, to hold

the claim or site for the upcoming assessment year. The name of the fee

was changed in the Act from ``rental fee'' to ``maintenance fee.'' A

new fee of $25, called a location fee, is required under section 10102

of the Act. It is a one-time fee to be paid to BLM at the time the new

mining claim or site is recorded. The Act allows a waiver from the

maintenance fee for claimants who own 10 or fewer mining claims and

sites, for certain mining claims and sites undergoing reclamation, and

for several other situations. Numerous specific provisions in the

regulations on mining would be amended to reflect the new terminology

and the requirements of the 1993 Act. These include provisions relating

to filing claims on O. and C. (revested Oregon and California Railroad

and Reconveyed Coos Bay Wagon Road Grant) Lands in subpart 3821.

On April 16, 1993, Public Law 103-23 (107 Stat. 60) was enacted,

requiring new procedures and filings for claimants locating and

operating mining claims on lands patented under the Stockraising

Homestead Act of 1916 (SRHA, 43 U.S.C. 299). Effective October 13,

1993, prior to locating a mining claim on such lands, a claimant is

required to file with the Secretary of the Interior a notice of intent

to locate a mining claim and to notify the surface owner of such notice

of intent. SRHA lands may not be entered for the location of a mining

claim until 30 days after the surface owner has received notice of the

filing of such notice of intent to locate. Filing of the notice of

intent with BLM also has the effect of segregating the land sought for

90 days from all other land and mineral entry by anyone else. Filing of

a Plan of Operations (now required by the SRHA) extends the segregation

until the Plan is approved or denied by the BLM District Office.

A section-by-section discussion of the amendments to implement

these statutory changes follows. Other changes would be made in certain

sections for purposes of updating and clarifying the regulations.

Subpart 3730--Public Law 359; Mining in Power Site Withdrawals:

General. The sections on authorities (Sec. 3730.0-3) and information

collection (Sec. 3730.0-9) would be amended to add references to the

Act of August 10, 1993 (107 Stat. 312). The section on Purpose

(Sec. 3730.0-1) would also be amended to refer to lands included under

the O. and C. Act, and would be subdivided for clarity.

Subpart 3734--Location and Assessment Work. Section 3734.1 of this

subpart, which requires the owner of a claim to file notice of location

and assessment work, would be amended at paragraphs (a) and (c) to

provide for the maintenance fee required by the Act.

Subpart 3833--Recordation of Mining Claims, Mill Sites, and Tunnel

Sites; Payment of Service Charges, Rental, Maintenance, and Location

Fees. This subpart, including its title, would be amended to reflect

the addition of maintenance and location fees required by the Act.

Various sections would be amended as follows:

Section 3833.0-1 Purpose. Paragraph (c) of this section would be

amended to add as a purpose the implementation of the annual

maintenance fee established by the Act.

Section 3833.0-3 Authority. Paragraphs (e) and (f) of this section

would be amended by adding the Act to the rental fee authority. A new

paragraph (g) would be added to implement the mining claim entry and

location amendments to the Stockraising Homestead Act of 1916 enacted

by Public Law 103-23, 107 Stat. 60. The new paragraph cross-references

part 3814, which has not yet been amended to reflect the Act of April

16, 1993, as of this publication. However, BLM is preparing a proposed

rule that would amend part 3814 for this purpose. A new paragraph (h)

would be added to refer to the Soldier's and Sailor's Relief Act of

1940 (50 U.S.C. Appendix 565), which excuses active duty military

personnel from performance of assessment work.

Section 3833.0-5 Definitions. The definitions section would be

amended by revising the definitions of ``owner,'' ``proper BLM

office,'' ``file or filed,'' ``filing year,'' ``rental fee,'' and

``small miner,'' and adding definitions of ``maintenance fee,''

``location fee,'' ``related party,'' and ``control,'' new terms

introduced in the Act. Also added are definitions of ``forfeiture,''

``returnable,'' and ``refundable.'' The rule would define

``forfeiture'' as it pertains to mining claims or sites under section

314 of FLPMA, and the acts of October 5, 1992, and August 10, 1993. The

U.S. Supreme Court, in United States v. Locke, 471 U.S. 84 (1985),

determined that the term ``abandonment'' as used in FLPMA was

equivalent to ``forfeiture.''

The definition of ``owner'' would be amended to make it clear that

ownership of a mining claim is determined by State and Federal law, and

that the owner's current address of record is required to be stated on

all instruments recorded or filed with the BLM under this subpart.

The definition of ``proper BLM office'' would be amended to add the

Northern District Offices Records and Public Information Unit in

Fairbanks, Alaska, as a proper recording office for mining claim

instruments in Alaska, in addition to the office in Anchorage.

The definition of ``file or filed'' would be amended to apply the

postmark rule to rental and maintenance fees, to the filing of waiver

statements by qualified small miners, and new locations or certificates

of location.

The definition of ``filing year'' would be amended by substituting

the term ``filing period,'' and divided to define the filing dates for

fees or exemptions under the Act.

The definition of ``rental fee'' would be amended to remove

language pertaining to the rental fee required by the Act of October 5,

1992, which is no longer necessary.

The definition of ``nonrefundable'' would be removed, and a new

section 3833.1-8 would be added to the regulations providing for the

refund of maintenance and location fees as well as rental fees under

certain circumstances, in order to conform to the Act, and further

clarifying under what conditions a refund may be obtained.

Section 3833.0-9 Information collection. This section would be

amended to add the Acts of April 16, 1993, and August 10, 1993, to the

authorities.

Section 3833.1-2 Recordation of mining claims, mill sites, and

tunnel sites located after October 21, 1976. This section would be

amended by adding a new paragraph (c) to explain the requirements of

the Act of April 16, 1993 (107 Stat. 60), which amended the SRHA as it

pertains to the location of mining claims. The Act of April 16, 1993,

places additional requirements for approval of mineral operations on

Stockraising Homestead lands and for additional bonding to protect the

surface owner from the effects of mining operations. These additional

requirements will be covered by another proposed rule to amend 43 CFR

subpart 3814.

Section 3833.1-3 Service charges, rental fees, maintenance fees,

and location fees; form of remittance and acceptance. This section is

amended to add the maintenance and location fees, and restructured to

clarify the payment-for-services policy with respect to mining claim

documents, filings, and fees.

Section 3833.1-4 Service charges and location fees. This section

is amended to add the maintenance and location fees into the

appropriate paragraphs, and is reorganized for clarity.

Section 3833.1-5 Rental fees and maintenance fees. This section is

amended to add the maintenance fees to the existing rental fees, and to

state when and under what circumstances each is due and payable. A new

paragraph (g) is added to allow an exempted mining claim, if

transferred to a party not entitled to a waiver, to have the rental or

maintenance fee otherwise owed on the mining claim paid by the

transferee at the time of recording the transfer pursuant to 3833.3 of

this title. A new paragraph (h) is added to implement section 10105(c)

of the Act of August 10, 1993. This section of the Act requires that

the maintenance fee and location fee be adjusted every five years, or

allows adjustments to be made sooner if the Secretary deems it

reasonable, based upon any changes in the Consumer Price Index. Notice

of any change is required to be given by July 1st of any year, with the

new fee due by August 31st of that same year. A new paragraph (i) is

added to state that the $100 annual maintenance fee applies to all mill

and tunnel sites, and that a waiver of payment of the fee for mill and

tunnel sites may be obtained under special circumstances.

Section 3833.1-6 Maintenance fee waiver qualifications under the

Act of August 10, 1993--Applicable from 12 O'clock noon on September 1,

1993, until 12 O'clock noon September 1, 1998. This section would be

retitled and revised to identify the conditions under which a waiver of

payment of the maintenance fees under the Act may be obtained.

Section 3833.1-7 Filing requirements for maintenance fee

exemptions (waivers). This section would be revised to identify the

documents required and deadlines for applying for a waiver of payment

of the maintenance fees under the Act. This provision operates in

advance of each upcoming assessment year. The assessment work performed

during a given assessment year, certified to under this section, holds

the mining claim for the next assessment year without payment of the

maintenance fee. For those claimants who do not pay the required claim

maintenance fee and who instead seek a waiver from such payment

requirement, the failure to file a certified statement by each August

31 certifying that the assessment work was done for the assessment year

just ending will cause the mining claim to be forfeited under the Act.

In addition, failure to file affidavits of annual assessment work on or

before December 30 of the year in which the small miner certification

was made will cause the mining claim to be forfeited under the Federal

Land Policy and Management Act. (For example, a certification filed by

a qualified claimant on August 31, 1994, certifies performance of

assessment work for the assessment year that began at noon on September

1, 1993. This allows a waiver of payment of the maintenance fee due on

August 31, 1994, to hold the claim for the assessment year beginning at

noon on September 1, 1994. However, if the affidavit of labor is not

filed by December 30, 1994, for the work done for the assessment year

beginning at noon September 1, 1993, the claims are deemed abandoned

and void and are forfeited. This process begins again with the next

certification deadline of August 31, 1995).

Section 3833.1-8 Refundability of service charges, location fees,

rental and maintenance fees. This section, which would be moved from

Sec. 3833.0-5(v) in the current regulations, would be amended to

reference location and maintenance fees, allow refunds of service fees

in certain circumstances, allow for refunds of duplicate payments, and

allow for refunds in any other situation in which a payment is made for

a mining claim that was void by operation of law at the time the

payment was made. Also added is a provision that voluntary actions are

not considered a reason for a refund.

Section 3833.2-3 Consistency between the Federal Land Policy and

Management Act, the General Mining Law of May 10, 1872, the Act of

October 5, 1992, and the Act of August 10, 1993. The section title

would be revised to add the Act of August 10, 1993, and paragraphs (d)

and (e) would be amended to reflect the new dates in 1999 when

assessment work is required to be resumed when the Act expires.

Section 3833.2-6 When evidence or notice is not required. This

section would be amended to add the conditions contained in the Act.

Section 3833.3 Notice of transfer of interest. Paragraph (c) would

be amended to state clearly when a transfer of interest becomes

effective on the title records of BLM.

Section 3833.4 Failure to file, or to pay rental, maintenance

fees, or location fees. The section title would be revised by adding

maintenance and location fees. Paragraph (a) would be amended by adding

the conditions of the Act. The amendment in this paragraph would not

allow claimants who do not qualify for a small miner waiver to claim a

waiver on only ten or fewer claims. This provision does not cause an

automatic relinquishment of a claimant's mining claims or sites that

are over the ten-claim limit for small miner waivers. Paragraph (b)

would be amended by correcting cross-references. A new paragraph (c)

would be added to explain the Bureau's policy on the effect of failure

by a purchaser or transferee of a mining claim or site to record the

new ownership interest with the BLM.

Subpart 3851--Assessment Work: General. This subpart also would be

amended to implement the statutory changes contained in the Act. A

discussion of the sections to be affected and the changes to be made

follows:

Section 3851.3 Effect of failure to perform assessment work.

Paragraph (c) of this section would be amended to state that the Act

suspends and supersedes the requirements to perform assessment work.

Section 3851.4 Failure of a co-owner to contribute to annual

assessment work or to the payment of rental or maintenance fees. The

section title would be amended by adding maintenance fees. The existing

section is divided into new paragraphs (a) and (b) and the failure to

pay the maintenance fee is added as another ground for action against a

delinquent co-owner. A new paragraph (c) would be added to identify the

action required of co-owners who have met the publication requirements

of Sec. 3851.4 to terminate the interest of a delinquent co-owner, and

would like the BLM record title to the mining claim corrected. A new

paragraph (d) would be added to refer to the Soldier's and Sailor's

Relief Act and the fact that pursuant to that Act, an active duty

military person may not be so ``published out'' for failure to

contribute as long as he or she is on active duty and has complied with

Sec. 3851.6.

Section 3851.5 Assessment work not required after allowance of

mineral entry. This section would be amended to reflect the effects of

the Act on claims for which mineral patent applications have been

filed. After the first half of the mineral entry final certificate has

been issued by the Secretary of the Interior confirming the mineral

entry, there is no longer a requirement to perform assessment work, and

no requirement to pay the rental or maintenance fees.

New Sec. 3851.6 Assessment work not required for active duty

military personnel. This new section would be added to explain how an

active duty military person may apply for and receive an exemption from

the performance of assessment work and payment of maintenance fees

under the Soldier's and Sailor's Relief Act.

Subpart 3852--Deferment of Assessment Work. This subpart would be

amended for purposes of updating and clarification. Amendments would

occur in the following sections.

Section 3852.0-3 Authority.

Section 3852.2 Filing of Petition for deferment, contents. The

first two sentences of paragraph (a) would be revised to state clearly

the filing requirements for a deferment of assessment work.

Section 3852.3 Notice of action on petition to be recorded. This

section would be amended to state more clearly the recording

requirements for a petitioner, once the BLM authorized officer has

ruled on the merits of the petition for deferment of assessment work.

2. Removal of Obsolete Provisions and General Streamlining of

Mining Law Regulations

Parts 3720, 3800, 3810 and 3820 of title 43, Code of Federal

Regulations have subparts and sections that are no longer in effect or

no longer operative due to the repeal of the statutes upon which they

are based or the transfer of the regulatory authority to another

Interior agency that has promulgated new rules to replace the current

rules. The proposed rule would reflect these changes. Subpart 3827 is

consolidated into subpart 3809, as the two sets of surface management

regulations are duplicative.

Part 3720--Public Law 357; Entry and Location of Source Materials

upon Public Lands Valuable for Coal; Subpart 3722--Report to Geological

Survey. Existing part 3720 and subpart 3722 of this title are based

upon Section 1 of the Act of August 11, 1955 (30 U.S.C. 541),

concerning payment by mining claimants to the United States for the

value of lignite coal mined and removed in the development of mines for

source materials (uranium, thorium, and other radioactive minerals). As

further provided by section 10 of the Act of August 11, 1955 (30 U.S.C.

541i), this provision expired on August 11, 1975, and all mining claims

located upon coal-bearing lands under this Act terminated by operation

of law unless patent had been applied for prior to August 11, 1975. All

coal lands were removed from mineral location and entry as of August

11, 1975. Therefore, part 3720, including subpart 3722, would be

removed in its entirety and the part number reserved for future use.

Subpart 3809--Surface Management. This subpart would be amended to

add the statute designating the King Range Conservation Area to the

authorities section, to define the term in the definitions section, and

to include the King Range in Sec. 3809.1-4(b) as an area requiring a

mandatory plan of operations for all activities exceeding casual use.

The authorities section will also be amended to include the Act of

April 16, 1993, for Stockraising Homestead Act lands.

Subpart 3811--Lands Subject to Location and Purchase. Three

sections in this subpart are no longer necessary and would be revised

or removed. Section 3811.2-2 relates to lands in National Parks and

National Monuments. The Mining in the Parks Act (16 U.S.C. 1901 et

seq.), effectively closed all National Parks and Monuments to any

further mining claim location or mineral entry. After September 28,

1976, no mining claims could be located in any unit of the National

Park System. The existing language of Sec. 3811.2-2, which provides

that certain National Parks and Monuments are open to mining claim

location, no longer serves any purpose. Regulations governing access to

existing mining claims on National Parks and Monuments, and operations

thereon, were published by the National Park Service in 1977, and are

now codified at 36 CFR part 9. Section 3811.2-2 would be revised to

state simply that no units of the National Park System are open to the

location of mining claims under the General Mining Law of 1872, as

amended.

Section 3811.2-3 Lands in Indian reservations. This section would

be revised to state that all Indian reservations are closed to the

location of mining claims and to entry under the General Mining Law of

1872, as amended. The Papago Indian Reservation in Arizona (now called

the To Ho No O'odham Reservation) was open to mining claim location and

entry from June 18, 1934, until May 27, 1955, pursuant to the Act of

June 18, 1934 (25 U.S.C. 461-479, as amended). Since May 27, 1955, this

reservation has been closed to mining claim location, pursuant to the

Act of May 27, 1955 (25 U.S.C. 463). All minerals on lands in Indian

reservations may be acquired only by lease pursuant to the Act of May

11, 1938 (25 U.S.C. 396a), the Act of March 3, 1909 (25 U.S.C. 396), or

the Indian Mineral Development Act of 1982, 25 U.S.C. 2101 et seq. The

regulations governing such mineral leasing is found in subchapter I,

title 25, Code of Federal Regulations.

Section 3811.2-8 Lands under Alaska Public Sale Act. The Alaska

Public Sale Act (48 U.S.C. 364a-364e) was repealed effective October

21, 1986, by Section 703(a) of FLPMA (43 U.S.C. 1701). Accordingly,

Sec. 3811.2-8 would be removed in this proposed rule.

Section 3821.0-3 Authority. This section is amended to add the Act

of August 10, 1993, as one of the authorities for the regulations in

part 3820.

Section 3821.2 Requirements for filing notices of locations of

claims; descriptions. This section is amended to add maintenance,

location, and service fees as fees payable under part 3820 when

locating a claim. A further change states that the location notice or

amendment is required to indicate the applicable acts under which the

claim is filed.

Section 3821.3 Requirement for filing statements of assessment

work. This section is amended to add the maintenance fee as a fee

payable when complying with annual requirements under part 3820.

Subpart 3826--National Park Service Areas. This subpart was also

rendered inoperative by the Act of September 28, 1976 (16 U.S.C. 1901

et seq.), which closed and withdrew from all forms of mineral entry and

appropriation all lands and units of the National Park System. The

authority for administering the mining claims and sites located within

the units prior to September 28, 1976, has been transferred to the

National Park Service. Access to and operations upon mining claims and

sites located within the units of the National Park System are now

governed by 36 CFR part 9, and subpart 3826 would be removed in this

rule.

Subpart 3827--King Range National Conservation Area. This subpart

will be removed because it is duplicated in subpart 3809. It became

effective in April 1976 to implement the surface management

requirements of the Act of October 21, 1970 (84 Stat. 1070), which

established the King Range National Conservation Area. Section 5 of

that Act required that all activities occurring pursuant to the General

Mining Law of 1872 (30 U.S.C. 22 et seq.) be managed to prevent

environmental damage and provide for reclamation. Subsequent to the

April 1976 rule, on October 21, 1976, FLPMA was enacted. Section 302(b)

of that Act required that all public lands be managed to prevent undue

or unnecessary degradation from activities on them, including

activities under the General Mining Law of 1872. Section 602 of FLPMA

expanded the boundaries of the King Range Conservation Area.

Subsequently, regulations were promulgated at 43 CFR subpart 3809 in

November 1980 regulating all mining activities on public lands under

the administration of the Bureau. These regulations in subpart 3809

duplicate subpart 3827 in form, content, and requirements. Therefore,

the regulations in subpart 3827 would be merged with subpart 3809, and

subpart 3809 would be amended to include the King Range Conservation

Area, under the same criteria as currently apply to the California

Desert Conservation Area. Since enactment of FLPMA, the BLM has

received no Plans of Operations for mining in the King Range

Conservation Area lands.

It has been determined that this proposed rule does not constitute

a major Federal action significantly affecting the quality of the human

environment, and that no detailed statement pursuant to section

102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.

4332(2)(C)) is required. The BLM has determined that this rule is

categorically excluded from further environmental review pursuant to

516 Departmental Manual, Chapter 2, Appendix 1, Item 1.10, and that the

rule will not significantly affect the 10 criteria for exceptions

listed in 516 DM 2, Appendix 2. Pursuant to the Council on

Environmental Quality regulations (40 CFR 1508.4) and environmental

policies and procedures of the Department of the Interior,

``categorical exclusions'' means a category of actions that do not

individually or cumulatively have a significant effect on the human

environment and that have been found to have no such effect in

procedures adopted by a Federal agency and for which neither an

environmental assessment nor an environmental impact statement is

required.

This rule has been reviewed under Executive Order 12866.

The Department also certifies that this document will not have a

significant economic effect on a substantial number of small entities

under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The fee

may represent an economic consideration for a small, marginal operation

that does not qualify for an exemption under the rule. However, most

small operations would qualify. A small entity that holds a valuable

mining claim will not be deterred by the annual fee, and many of them

will qualify for an exemption. Most marginal claims were already

abandoned in 1993 upon promulgation of the regulations implementing the

Act of October 5, 1992.

As required by Executive Order 12630, the Department of the

Interior has determined that the rule would not cause a taking of

private property. The requirement that a modest fee be paid to hold or

maintain an existing unpatented mining claim, mill or tunnel site

constitutes a reasonable regulatory burden, and it will have no effect

on a claimant's possessory interest in or enjoyment of his or her claim

or site as long as he or she complies with the requirement.

The Department has certified to the Office of Management and Budget

that these regulations meet the applicable standards provided in

sections 2(a) and 2(b)(2) of Executive Order 12778.

The provisions for collection of information contained at 43 CFR

parts 3730, 3820, 3830, and 3850, and subpart 3809 have previously been

approved by the Office of Management and Budget and assigned clearance

numbers 1004-0104, 1004-0110, and 1004-0114. Information collections

for parts 3730, 3820, 3830, and 3850 were consolidated under clearance

number 1004-0114 in the July 15, 1993 rulemaking (58 FR 38186). As this

rulemaking removes obsolete or inoperative sections of title 43, Code

of Federal Regulations, and extends the previously enacted Act of

October 5, 1992, and implementing regulations published on July 15,

1993, this rule does not contain information collection requirements

that require approval by the Office of Management and Budget under 44

U.S.C. 3501 et seq.

List of Subjects

43 CFR Part 3720

Coal, Mineral royalties, 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 3800

Administrative practice and procedure, Environmental protection,

Intergovernmental relations, Mines, Public lands--mineral resources,

Reporting and recordkeeping requirements, Surety bonds, Wilderness

areas.

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 3830

Mineral royalties, Fees, Mines, Public lands--mineral resources,

Reporting and recordkeeping requirements.

43 CFR 3850

Assessment work, Mines, Public lands--mineral resources, Reporting

and recordkeeping requirements.

Under the authority of sections 441 and 2478 of the Revised

Statutes, as amended, (43 U.S.C. 1457 and 1201); section 2319 of the

Revised Statutes, as amended (30 U.S.C. 22); sections 310 and 703(a) of

the Federal Land Policy and Management Act of 1976, as amended (43

U.S.C. 1701 and 1740); and the acts October 5, 1992 (106 Stat. 1374),

April 16, 1993 (107 Stat. 60), and August 10, 1993 (107 Stat. 312);

parts 1820, 3730, 3820, 3830, and 3850, and subpart 3809, Groups 1800,

3700 and 3800, subchapters A and C, chapter II of title 43 of the Code

of Federal Regulations are proposed to be amended as follows:

PART 3720--PUBLIC LAW 357; ENTRY AND LOCATION OF SOURCE MATERIALS

UPON PUBLIC LANDS VALUABLE FOR COAL

1. Part 3720 is removed and reserved.

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

2. The authority citation for part 3730 is revised to read as

follows:

Authority: 69 Stat. 681, 30 U.S.C. 621-625; 43 U.S.C. 1701 et

seq.; 106 Stat. 1374, 1378-1379; Public Law 103-66, title X,

subtitle B, secs. 10101-10106, of the Act of August 10, 1993 (107

Stat. 312).

Subpart 3730--Public Law 359; Mining in Power Site Withdrawals:

General

3. Section 3730.0-1 is revised to read as follows:

Sec. 3730.0-1 Purpose; lands open.

(a) The purpose of the Mining Claims Rights Restoration Act of

August 11, 1955 (Act), is to permit the mining, development, and

utilization of the mineral resources of all public lands withdrawn or

reserved for power development and other purposes, except for lands

that:

(1) Are included in any project operating or being constructed

under a license or permit issued under the Federal Power Act or other

Act of Congress, or

(2) Are under examination and survey by a prospective licensee of

the Federal Energy Regulatory Commission under an uncancelled

preliminary permit which has not been renewed more than once.

(b) Locations made under the Act on lands withdrawn or reserved for

power development within the revested Oregon and California Railroad

and reconveyed Coos Bay Wagon grant are also subject to the provisions

of the Act of April 8, 1948 (62 Stat. 162). See subpart 3821 of this

title.

4. Section 3730.0-3 is revised to read as follows:

Sec. 3730.0-3 Authority.

The authorities for the regulations in this part are the Act of

August 11, 1955 (30 U.S.C. 621-625); section 314 of the Act of October

21, 1976 (43 U.S.C. 1744); Public Law 102-381, October 5, 1992 (106

Stat. 1374, 1378-79); and Public Law 103-66 (sections 10101-10106),

August 10, 1993 (107 Stat. 312).

5. Section 3730.0-9 is amended by revising paragraph (a) to read as

follows:

Sec. 3730.0-9 Information collection.

(a) The collections of information contained in subpart 3730 have

been approved by the office of Management and Budget under 44 U.S.C.

3501 et seq. and assigned clearance number 1004-0110 and subsequently

consolidated with 1004-0114. The information will enable the authorized

officer to determine whether a mining claimant is qualified to hold a

mining claim or site for the exploration, development, and utilization

of minerals on all public lands that are withdrawn for power

development. A response is required to obtain a benefit in accordance

with the Act of August 11, 1955 (30 U.S.C. 621-625), Section 314 of the

Federal Land Policy and Management Act of 1976, as amended (43 U.S.C.

1744), the Act of October 5, 1992 (Pub. L. 102-381, 106 Stat. 1374,

1378-79), and the Act of August 10, 1993 (Pub. L. 103-66, 107 Stat.

312).

* * * * *

Subpart 3734--Location and Assessment Work

6. Section 3734.1 is amended by revising paragraphs (a) and (c) to

read as follows:

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

work.

(a) The owner of any unpatented mining claim, mill site, or tunnel

site located on land described in Sec. 3730.0-1 (a) and (b), shall file

all notices or certificates of location, amended notices or

certificates, and transfers of interest, with the proper State Office

of the Bureau of Land Management pursuant to Secs. 3833.1, 3833.3,

3833.4, and 3833.5 of this title, and pay the applicable rental,

maintenance, location, and service fees required by subpart 3833 of

this title. The notice, certificate, transfer, or amendment thereto

shall be marked by the owner to indicate that it is being filed

pursuant to the Act of August 11, 1955, the Act of April 8, 1948, or

both, as required by Sec. 3833.5(c). Failure to so mark the location

certificate will delay the procedures to authorize mining under subpart

3736.

* * * * *

(c) The owner of any unpatented mining claim, mill site, or tunnel

site located on land described in Sec. 3730.0-1 shall perform and

record annual assessment work if he or she qualifies as a small miner

under Sec. 3833.0-5(u) of this title or 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 Intent to Hold, pursuant to

subpart 3833 of this title.

PART 3800--MINING CLAIMS UNDER THE GENERAL MINING LAWS

7. The authority citation for part 3800 is revised to read as

follows:

Authority: 16 U.S.C. 447; 16 U.S.C. 347-354; 16 U.S.C. 460y et

seq.; 16 U.S.C. 473, 478-482; 16 U.S.C. 1901, 1907; 30 U.S.C. 22 et

seq.; 30 U.S.C. 122, 161, 162; 30 U.S.C. 242; 31 U.S.C. 9701; 43

U.S.C. 2; 43 U.S.C. 154; 43 U.S.C. 299, 300; 43 U.S.C. 1201; 43

U.S.C. 1474; 43 U.S.C. 1701 et seq.; 50 U.S.C. Appendix 565; 62

Stat. 162; 100 Stat. 3457-3468; 106 Stat. 1374, 1378-1379; 107 Stat.

60; and 107 Stat. 312.

Subpart 3809--Surface Management

8. Section 3809.0-3 is amended by adding new paragraph (e) to read

as follows:

Sec. 3809.0-3 Authority.

* * * *

(e) The Act of October 21, 1970 (16 U.S.C. 460y et seq.), as

amended by section 602 of the Federal Land Policy and Management Act of

1976 (16 U.S.C. 460y-8), established the King Range Conservation Area

in California. The Secretary is required under these Acts to manage

activities in this conservation area under the General Mining Law of

1872 in such a manner as to protect the scenic, scientific, and

environmental values against undue impairment, and ensure against

pollution of streams and waters.

9. Section 3809.5 is amended by adding new paragraph (l) to read as

follows:

Sec. 3809.0-5 Definitions.

* * * *

(l) King Range Conservation Area means the area designated pursuant

to the Act of October 21, 1970 (16 U.S.C. 460y et seq.), as amended by

section 602 of the Federal Land Policy and Management Act of 1976 (16

U.S.C. 460y-8).

10. Section 3809.1-4 is amended by adding new paragraph (b)(6) to

read as follows:

Sec. 3809.1-4 Plan of operations: When required.

* * * * *

(b) * * *

(6) The area designated as the King Range Conservation Area

pursuant to 16 U.S.C. 460y et seq., as amended by section 602 of the

Federal Land Policy and Management Act of 1976.

* * * * *

PART 3810--LANDS AND MINERALS SUBJECT TO LOCATION

Subpart 3811--Lands Subject to Location and Purchase

11. Section 3811.2-2 is revised to read as follows:

Sec. 3811.2-2 Lands in national parks and monuments.

The Mining in the Parks Act (16 U.S.C. 1901 et seq.), effectively

withdrew all National Parks and Monuments from location and entry under

the General Mining Law of 1872, as amended. Since September 28, 1976,

all National Parks and Monuments and other units of the National Park

System have been closed to the location of mining claims and sites

under the General Mining Law of 1872, as amended. Valid existing rights

are recognized, but access and permission to operate mining claims and

sites within units of the National Park System are now governed by 36

CFR part 9.

12. Section 3811.2-3 is revised to read as follows:

Sec. 3811.2-3 Lands in Indian reservations.

All lands contained within the boundaries of an established Indian

Reservation are withdrawn from all location, entry, and appropriation

under the General Mining Law of 1872, as amended. All minerals on

Indian Reservations may only be acquired by lease pursuant to the Act

of May 11, 1938 (25 U.S.C. 396a), the Act of March 3, 1909 (25 U.S.C.

396), or the Indian Mineral Development Act of 1982 (25 U.S.C. 2101 et

seq.). The regulations governing the mineral leasing of Indian lands

are found in 25 CFR Subchapter I.

13. Section 3811.2-8 is removed.

PART 3820--AREAS SUBJECT TO SPECIAL MINING LAWS

Subpart 3821--O. and C. Lands

14. Section 3821.0-3 is revised to read as follows:

Sec. 3821.0-3 Authority.

The authorities for the regulations in this subpart are the Act of

April 8, 1948 (62 Stat. 162); section 314 of the Federal Land Policy

and Management Act of 1976 (43 U.S.C. 1744); Public Law 102-381,

October 5, 1992 (106 Stat. 1374, 1378-79); and sections 10101-10106 of

Public Law 103-66, August 10, 1993 (107 Stat. 312).

15. Section 3821.2 is revised to read as follows:

Sec. 3821.2 Requirements for filing notices of locations of claims;

descriptions.

The owner of any unpatented mining claim, mill site, or tunnel site

located on land described in Sec. 3821.1 shall file all notices or

certificates of location, amended notices or certificates, and

transfers of interest in the proper State Office of the Bureau of Land

Management pursuant to Secs. 3833.1, 3833.3, 3833.4, and 3833.5 of this

title and shall pay the applicable rental, maintenance, location, and

service fees required by subpart 3833 of this title. The notice or

certificate of location, or amendment thereto, shall be marked by the

owner as being filed under the Act of April 8, 1948, and, if located on

powersite lands, also the Act of August 11, 1955, as prescribed by

Secs. 3734.1 and 3833.5 of this title.

16. Section 3821.3 is revised to read as follows:

Sec. 3821.3 Requirement for filing statements of assessment work.

The owner of an unpatented mining claim, mill site, or tunnel site

located on O. and C. lands shall perform and record proof of annual

assessment work, or pay an annual rental or maintenance fee of $100 per

unpatented mining claim, mill site, or tunnel site, pursuant to subpart

3833 of this title.

Subpart 3826--National Park Service Areas

Subpart 3826--[Removed & Reserved]

17. Subpart 3826 is removed and reserved.

Subpart 3827--King Range National Conservation Area.

Subpart 3827--[Removed & Reserved]

18. Subpart 3827 is removed and reserved.

PART 3830--LOCATION OF MINING CLAIMS

19. The authority citation for part 3830 is revised to read as

follows:

Authority: 30 U.S.C. 22; 43 U.S.C. 1201; 31 U.S.C. 9701; 16

U.S.C. 1901, 1907; 43 U.S.C. 1740 and 1744; 30 U.S.C. 242; 50 U.S.C.

appendix 565; 106 Stat. 1374, 1378-79; 107 Stat. 60; 107 Stat. 312.

Subpart 3833--Recordation of Mining Claims, Mill Sites, and Tunnel

Sites; Payment of Service Charges, Rental, Maintenance, and

Location Fees

20. Section 3833.0-1 is amended by revising paragraph (c) to read

as follows:

Sec. 3833.0-1 Purpose.

* * * * *

(c) The payment in the same office of an annual rental or

maintenance fee, if required, for each mining claim, mill site, or

tunnel site held by the claimant;

* * * * *

21. Section 3833.0-3 is amended by revising the first sentence of

paragraph (a), revising paragraphs (e) and (f), and adding new

paragraphs (g) and (h) to read as follows:

Sec. 3833.0-3 Authority.

(a) Sections 314(a) and (b) of the Federal Land Policy and

Management Act (43 U.S.C. 1744) require the recordation of unpatented

mining claims, mill sites, and tunnel sites, and the filing of

information concerning annual assessment work performed or a notice of

intention to hold mining claims in the proper BLM office within

specified time periods.* * *

* * * * *

(e) The Act of October 5, 1992 (Pub. L. 102-381, 106 Stat. 1374,

1378-79), and sections 10101-10106 of the Act of August 10, 1993 (Pub.

L. 103-66, 107 Stat. 312), require an annual rental or maintenance fee

of $100 to be paid to the proper State Office of the Bureau of Land

Management for each non-exempt mining claim, mill site, or tunnel site

located or held under section 314(b) of FLPMA for the assessment years

beginning on September 1, 1992, and ending on September 1, 1998. With

certain exceptions provided in Sec. 3833.1-6, this fee is in lieu of

the requirement to perform and record annual assessment work under 30

U.S.C. 28-28e and section 314(a)(1) of FLPMA. Failure to pay the fee

within the time limits prescribed by the Acts of October 5, 1992, and

August 10, 1993, constitutes a statutory abandonment and forfeiture of

the non-exempt mining claim, mill site, or tunnel site. Provisions

relating to rental and maintenance fees and exemptions are contained in

Secs. 3833.0-3(f), 3833.1-5, 3833.1-6, and 3833.1-7.

(f) Section 2511(e)(2) of the Energy Policy Act of 1992 (30 U.S.C.

242) requires oil shale claim holders to pay an annual fee of $550 per

oil shale claim, notwithstanding any other provision of law, including

the Act of October 5, 1992. In addition, the Act of August 10, 1993,

specifically states that the maintenance fee provision shall not apply

to any oil shale claims for which a fee is required to be paid under

section 2511(e)(2) of the Energy Policy Act of 1992. The $550 fee

requirement for oil shale claims remains in effect. The $550 fee is

first payable on or before December 31, 1993, and each December 31st

thereafter.

(g) The Stockraising Homestead Act of December 29, 1916 (SRHA) (43

U.S.C. 299), as amended by the Act of April 16, 1993 (107 Stat. 60),

provides that no person other than the surface owner may locate a

mining claim on SRHA lands after October 13, 1993, until a notice of

intent to locate has been filed with the proper BLM State office and

the surface owner is notified of the filing.

(1)(i) When a notice of intent to locate a mining claim has been

properly filed, no other person may, until 90 days after the date the

notice of intent is filed:

(A) File such a notice with respect to any portions of the lands

covered by the first notice;

(B) Explore for minerals or locate a mining claim on any portion of

such lands; or

(C) File an application to acquire any interest in any portion of

such lands pursuant to section 209 of the Federal Land Policy and

Management Act of 1976 (43 U.S.C. 1719).

(ii) The 90-day exclusive right may be extended by filing a Plan of

Operations pursuant to subpart 3809 of this title. The extension runs

until the BLM has approved or denied the Plan of Operations.

(2) The mining claimant may not enter the lands encompassed by a

notice under the Act of April 16, 1993, until at least 30 days after he

or she has properly notified the surface owner by registered or

certified mail, return receipt requested.

(3) The Act of April 16, 1993, contains numerous other requirements

prerequisite to a claimant engaging in mineral exploration and

development activities on SRHA lands. These requirements are

administered pursuant to subpart 3814 of this title.

(h) The Soldier's and Sailor's Relief Act of 1940 (50 U.S.C.

appendix 565) excuses performance of assessment work by military

personnel while they are on active duty, or within 6 months of their

release from active duty, or during or within 6 months after their

release from any period of hospitalization due to military injuries.

The procedures for obtaining a waiver from the performance of

assessment work may be found in subpart 3851 of this title.

22. Section 3833.0-5 is amended by revising paragraphs (e), (g),

(m), (o), and (t), removing paragraph (v), redesignating existing

paragraph (w) as paragraph (v), and adding paragraphs (w), (x), (y),

(z), (aa), (bb), and (cc) to read as follows:

Sec. 3833.0-5 Definitions.

* * * * *

(e) Owner or claimant means the person who is, under State or

Federal law, the holder of the right to sell or transfer all or any

part of an unpatented mining claim, mill site, or tunnel site. The name

of the owner and his or her current address shall be identified on all

instruments required to be recorded or filed by the regulations in this

subpart.

* * * * *

(g) Proper BLM office means the Bureau of Land Management State

office listed in Sec. 1821.2-1(d) of this title having jurisdiction

over the land in which the claims or sites are located. In Alaska, the

Northern District offices Records and Public Information Unit located

in Fairbanks may also receive and record documents, filings, and fees

for all mining claims, mill sites, and tunnel sites located in the

State of Alaska.

* * * * *

(m) File or filed means being received and date stamped by the

proper BLM office. For purposes of complying with Secs. 3833.1-2,

3833.1-3, 3833.1-5, 3833.1-6, 3833.1-7, or Sec. 3833.2, a filing or fee

is timely if the required affidavit of assessment work or notice of

intention to hold, or rental fee or maintenance fee, or maintenance fee

waiver, is received within the time period prescribed by law, or, if

mailed to the proper BLM office, is contained within an envelope

clearly postmarked by the United States Postal Service within the

period prescribed by law and received by the proper BLM State office

within 15 calendar days subsequent to such period. (See Sec. 1821.2-

2(e) of this title if the last day falls on a day the office is

closed).

* * * * *

(o) Filing period means the time period during which documents and

fees are required to be provided to the proper BLM office. The time

periods set forth in each statute are as follows:

(1) Except for filings and recordings required of a small miner

qualifying for a waiver under Sec. 3833.1-7 of this title, filings

under FLPMA that would have been due on or before December 30, 1993,

and each December 30 thereafter, are waived effective January 1, 1993,

and so long thereafter as the Acts of October 5, 1992, and August 10,

1993, are in effect.

(2) Waivers from payment of maintenance fees and filings under

sections 10101-10106 of the Act of August 10, 1993, shall be submitted

by August 31, 1994, and each August 31 thereafter through and including

August 31, 1998, under the conditions of that Act. See Secs. 3833.1-6

and 3833.1-7.

(3) Rental and maintenance fees required by Sec. 3833.1-5 are to be

submitted to the proper BLM office by August 31, 1994, and each August

31 thereafter through and including August 31, 1998.

* * * * *

(t) Rental fee means the fee required by the Act of October 5, 1992

(Pub. L. 102-381, 106 Stat. 1374, 1378-79), to hold a mining claim,

mill site, or tunnel site for the 1993 and 1994 assessment years or

that was newly located in either of those years.

* * * * *

(w) Maintenance fee means the annual $100 payment required by

section 10101 of the Act of August 10, 1993 (Pub.L. 103-66, 107 Stat.

312), to hold and maintain a mining claim, mill site, or tunnel site.

The maintenance fee is in lieu of the requirements for performing

assessment work under 30 U.S.C. 28-28e and for filing an annual

affidavit of labor or notice of intention to hold with the proper

office of the Bureau of Land Management under 43 U.S.C. 1744(a) and (c)

and Sec. 3833.2. Under certain conditions provided in Sec. 3833.1-6, a

waiver of the payment of the $100 annual fee may be obtained. The

requirement to pay a maintenance fee does not apply to any claim

located after September 29, 1998. The maintenance fee requirements are

governed by Secs. 3833.1-5, 3833.1-6 and 3833.1-7.

(x) Location fee means the one time $25 payment required by section

10102 of the Act of August 10, 1993, for all new mining claims and

sites located upon the public lands on or after August 11, 1993, and

before September 30, 1998. The location fee shall be paid at the time

the mining claim or site is recorded with the proper BLM office.

(y) Related party means, as defined in section 10101(d)(2) of the

Act of August 10, 1993:

(1) The spouse and dependent children of the claimant as defined in

section 152 of the Internal Revenue Code of 1986, or

(2) A person who controls, is controlled by, or is under common

control with the claimant.

(z) Control means, as defined in section 10101(d)(2) of the Act of

August 10, 1993, actual control, legal control, and 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.

(aa) Forfeiture means an act or failure to act that results in an

unpatented mining claim, mill, or tunnel site being deemed to be either

abandoned and void or null and void by operation of applicable law.

(bb) Returnable means that a check or negotiable instrument,

including a valid credit card order, is received by the authorized

officer but not yet processed through the accounting system of the

Bureau of Land Management, and can be returned to the originator

without processing of a refund check through the United States Treasury

pursuant to Sec. 3833.1-8.

(cc) Refundable means that a check or negotiable instrument,

including a valid credit card order, has been processed through the

accounting system of the Bureau of Land Management, and cannot be

returned to the originator without the processing of a refund check

through the United States Treasury pursuant to Sec. 3833.1-8.

23. Section 3833.0-9 is amended by revising paragraph (a) to read

as follows:

Sec. 3833.0-9 Information collection.

(a) The collections of information contained in subpart 3833 have

been approved by the Office of Management and Budget under 44 U.S.C.

3501 et seq. and assigned clearance number 1004-0114. The information

will be used to enable BLM to record mining claims, mill sites, and

tunnel sites; to maintain ownership records to those claims and sites;

to determine the geographic location of the claims and sites recorded

for proper land management purposes; and to determine which claims and

sites their owner(s) wish to continue to hold under applicable Federal

statute. A response is required to obtain a benefit in accordance with

section 314 of FLPMA, as amended, the Act of October 5, 1992 (Pub. L.

102-381, 106 Stat. 1374, 1378-79), the Act of April 16, 1993 (Pub. L.

103-23, 107 Stat. 60), and the Act of August 10, 1993 (Pub. L. 103-66,

107 Stat. 312).

* * * * *

24. Section 3833.1-2 is amended by adding paragraph (c) to read as

follows:

Sec. 3833.1-2 Recordation of mining claims, mill sites, and tunnel

sites located after October 21, 1976.

* * * * *

(c)(1) Beginning on October 13, 1993, mining claims cannot be

located on lands patented under the Stockraising Homestead Act of 1916,

as amended by the Act of April 16, 1993 (1707 Stat 60); until the

claimant has first filed a notice of intent to locate with the proper

BLM State Office and has served a copy of the notice upon the surface

owner(s) of record, by registered or certified mail, return receipt

requested.

(2) The claimant shall wait 30 days after such service before

entering the lands to locate any mining claims on the Stockraising

Homestead Act lands.

(3) The authorized officer will refuse to record any mining claim

located on lands patented under the Stockraising Homestead Act, as

amended, unless the claimant has complied with the requirements of this

section, and such refused recording will be returned to the claimant

without further action.

(4) The surface owner of land patented under the Stock-raising

Homestead Act, as amended, is exempt from the requirements of this

section.

(5) All mining claimants who have located mining claims on

Stockraising Homestead lands are subject to the requirements of the Act

of April 16, 1993. These additional requirements are found in subpart

3814 of this title.

25. Section 3833.1-3 is revised to read as follows:

Sec. 3833.1-3 Service charges, rental fees, maintenance fees, and

location fees; form of remittance and acceptance.

(a) Payment and acceptance policy. All service charges, rental

fees, maintenance fees, and location fees shall be payable by United

States currency, postal money order, or negotiable instrument payable

in United States currency and shall be made payable to the Department

of the Interior--Bureau of Land Management, or by a valid credit card

acceptable to the Bureau of Land Management. A check or negotiable

instrument, including credit cards submitted for payment of charges

and/or fees, for which payment is not honored by the issuing authority,

and such refusal is not an error of the issuing authority, shall be

deemed to be a nonpayment of the charges or fees for which the check or

negotiable instrument, including a credit card order, was tendered. See

Sec. 3833.1-4(f) and (g) for payments made by credit cards or from

Declining Deposit Accounts.

(b) Recordation of new mining claims, mill sites, or tunnel sites

with the Bureau of Land Management. (1) New location notices or

certificates submitted for recording pursuant to Sec. 3833.1-2 that are

not accompanied by full payment of the maintenance and location fees

required by Sec. 3833.1-4 or 3833.1-5 shall not be accepted and the

submittal will be returned without further action by the authorized

officer. The claimant may resubmit the filings with the proper payment

of service charges and fees within the same 90 day filing period

referred to in Sec. 3833.1-2(a).

(2) Failure to provide full payment of service charges set forth in

Sec. 3833.1-4 will be curable for new location notices or certificates

submitted for recording pursuant to Sec. 3833.1-2 when the proper

maintenance and location fees have been submitted. Such documents shall

be noted as being recorded on the date received provided that the

claimant submits the proper service charge within 30 days of receipt of

a deficiency notice that will be sent by the authorized officer. The

claimant may resubmit the notices or certificates of location with the

proper payment of service charges and fees within the same 90-day

filing period referred to in Sec. 3833.1-2(a). Failure to submit the

proper service charge as provided in this paragraph will cause the new

location notices or certificates to be rejected and returned to the

claimant/owner.

(c) Mining claims, mill sites, and tunnel sites recorded and

serialized by the Bureau of Land Management. (1) Failure to provide

full payment of service charges set forth in Sec. 3833.1-4 will be

curable for documents and filings made pursuant to Secs. 3833.2 and

3833.3 and amended locations filed under Sec. 3833.1. Such documents

and filings will be noted as being recorded on the date initially

received provided that the claimant submits the proper service charge

within 30 days of receipt of a deficiency notice from the authorized

officer. Failure to submit the proper service charge as required by

this paragraph will cause filings made pursuant to Secs. 3833.2 and

3833.3 and amended locations filed under Sec. 3833.1 to be rejected and

returned to the claimant/owner. If a payment is received that partially

covers the claims submitted, the payment shall be applied to claims in

ascending numerical order of serialization.

(2) If a claimant fails to submit the proper rental or maintenance

fees on or before each August 31, the authorized officer will apply the

rental or maintenance fees received to existing recorded and serialized

mining claims and sites in ascending numerical order of serialization,

unless otherwise directed by the claimant. The authorized officer will

note the deficient fees as being paid on the original date received,

provided that the claimant submits the proper fees within 30 days of

receipt of a deficiency notice from the authorized officer, if that

much time remains before August 31. If there are less than 30 days

before August 31, the correct fees shall be filed (see Sec. 3833.0-

5(m)) by such claimant on or before the August 31 deadline. Failure to

submit the proper fees will cause the remaining claims or sites to be

forfeited by the claimant/owner.

(3) After each August 31 payment deadline, if a claimant failed to

file full payment of the proper rental or maintenance fees on time, the

authorized officer will apply any rental or maintenance fees received

to existing recorded and serialized mining claims and sites in

ascending numerical order of serialization. Existing mining claims and

sites to which no rental fee or maintenance fee can be applied because

of the insufficiency of the funds paid to the authorized officer will

be deemed null and void by operation of law, and therefore forfeited by

the owner.

26. Section 3833.1-4 is amended by revising the section title;

redesignating existing paragraphs (b) through (f) as (c) through (g),

respectively; revising redesignated paragraphs (f) and (g); and adding

a new paragraph (b), to read as follows:

Sec. 3833.1-4 Service charges and location fees.

* * * * *

(b) Each notice or certificate of location of a mining claim, mill

site, or tunnel site that is located on or after August 11, 1993, and

before September 30, 1998, shall, when submitted for recordation, be

accompanied by a one time nonrefundable location fee of $25.00.

* * * * *

(f) The claimant/owner may authorize the BLM to charge payment of

service charges, rental fees, maintenance fees, and location fees to

his or her credit card under Sec. 3833.1-3(a) by transmitting a

facsimile authorization bearing the signature of the claimant/owner to

the authorized officer, or the authorized officer may accept such

authorization by telephone if the identity of the claimant/owner is

established to the satisfaction of the authorized officer.

(g) The claimant/owner may also maintain a declining deposit

account with the State Office of the BLM where the mining claims and

sites are recorded for the payment of service charges, rental fees,

maintenance fees, and location fees. The authorized officer may deduct

the necessary service charges and fees from such account only at the

direction of the claimant/owner.

27. Section 3833.1-5 is revised to read as follows:

Sec. 3833.1-5 Rental fees and maintenance fees.

Except as provided in Secs. 3833.0-3(f), 3833.1-6, and 3833.1-8,

each claimant shall pay a nonrefundable rental or maintenance fee of

$100.00 for each mining claim, mill site, or tunnel site to the proper

BLM office for each specified assessment year for which the claimant

desires to hold the mining claim, mill site, or tunnel site. The

assessment years covered by the Acts of October 5, 1992, and August 10,

1993, begin at 12 o'clock noon on September 1, 1992, and end at 12

o'clock noon on September 1, 1999. The $100 rental or maintenance fee

requirement does not apply to oil shale placer claims. Oil shale placer

claim holders shall pay an annual $550 fee for each oil shale claim as

described in section 2511 of the Energy Policy Act of 1992 (30 U.S.C.

242). Payment of the rental fee for 1993 and/or 1994 shall satisfy any

maintenance fee requirements that might otherwise apply for these

years. The rental fee requirements for mining claims expire on

September 30, 1994.

(a)(1) The initial $100.00 nonrefundable rental or maintenance fee

for the assessment year in which the mining claim or site was located

shall be paid for each mining claim, mill site, or tunnel site at the

time of recording the mining claim, mill site, or tunnel site pursuant

to section 314(b) of FLPMA and Sec. 3833.1-2. In addition, the location

fee required in Sec. 3833.1-4(b) shall be paid at the time of

recordation for all claims and sites located on or after August 11,

1993, and before September 30, 1998.

(2) The initial rental or maintenance fee described in paragraph

(1) is not subject to the waiver provisions contained in Secs. 3833.1-6

and 3833.1-7.

(b) Under the Act of August 10, 1993, a nonrefundable maintenance

fee of $100.00 for each mining claim, mill site, or tunnel site shall

be paid annually on or before August 31 for the subsequent assessment

year beginning at 12 o'clock noon on September 1 of that year. At the

time of payment, the claimant/owner shall submit a list of claim names

and BLM serial numbers assigned to each mining claim or site for which

the maintenance fee is being paid.

(c) There will be no proration of rental or maintenance fees for

partial years of holding of mining claims, mill sites, or tunnel sites.

(d) A small miner may, under the exemption provisions of

Secs. 3833.1-6 and 3833.1-7, perform assessment work and file the

affidavit of labor pursuant to Sec. 3833.2 in lieu of paying the rental

or maintenance fee.

(e) The owner of an oil shale placer claim shall pay the required

$550 annual rental fee to the proper BLM State Office on or before each

December 31.

(f) The payment of the required rental or maintenance fee for a

mining claim, mill site, or tunnel site satisfies the requirement to

file an affidavit of assessment work or a notice of intention to hold

pursuant to Sec. 3833.2.

(g) If an exempted mining claim or site is transferred in total to

a party not entitled to an exemption, the exemption is forfeited for

the mining claim or site transferred. The rental or maintenance fee for

the exempted assessment year shall be paid for the mining claim or site

transferred at the time of filing the transfer of interest under

Sec. 3833.3. If the proper fees are not submitted at the time of such

filing, the authorized officer shall note the fees as being paid as of

the date of the filing, provided that the claimant submits the proper

fees within 30 days of receipt of a deficiency notice from the

authorized officer. Failure to submit the proper fees will cause the

claims or sites to be forfeited by the claimant/owner.

(h) The Secretary will adjust the location and maintenance fees

every five years, based upon the Consumer Price Index (CPI) as

published by the Bureau of Labor Statistics, Department of Labor. The

Secretary may adjust the location and maintenance fees sooner, if he

deems it reasonable, based upon changes in the CPI.

(1) Public notice of any adjustment of maintenance or location fees

will be provided by July 1 of any year an adjustment is made.

(2) Any such adjustment of maintenance or location fees will apply

to the first assessment year following the July 1 by which the notice

was given. The new fee is due on August 31 of the same year in which

the notice was given.

(i) The $100 annual maintenance fee applies to all mill sites and

tunnel sites. A waiver of the maintenance fee may be obtained under

special circumstances as provided in Sec. 3833.1-6(a), (b), (c), and

(d).

28. Section 3833.1-6 is revised to read as follows:

Sec. 3833.1-6 Maintenance fee waiver qualifications under the Act of

August 10, 1993, and other exceptions--applicable from 12 o'clock noon

on September 1, 1993, until 12 o'clock noon September 1, 1999.

A small miner may, under certain conditions described in this

section and in Sec. 3833.1-7, perform the assessment work required

under 30 U.S.C. 28-28e and record it pursuant to section 314(a) of

FLPMA and Sec. 3833.2 in lieu of paying the maintenance fee. Assessment

work shall conform to the requirements contained in subpart 3851 of

this title.

(a) In order to qualify for a waiver of the maintenance fee

requirements, a small miner shall meet all of the following conditions:

(1) The claimant and all related parties shall hold no more than 10

mining claims, mill sites, and tunnel sites, or any combination

thereof, on Federal lands in the United States. For purposes of

determining the small miner waiver, oil shale claims shall not be

counted toward the 10 claim limitation for the small miner waiver to

the $100 maintenance fee. A claimant who owns 10 or fewer claims, mill

sites, and tunnel sites, and otherwise meets the requirements of this

section, is not precluded from paying the maintenance fee in addition

to filing for a small miner waiver.

(2) All mining claims and sites held by a claimant and all related

parties shall be counted toward the 10 claim and site limit.

(3) Mill and tunnel sites of a qualified small miner, if listed

upon the exemption certificate along with the affected lode and placer

mining claims, are waived from payment of the $100 maintenance.

(b) Mining claims and sites that are undergoing final reclamation

as approved by the authorized officer with no intent by the owner

thereof to continue mining, milling, or processing operations upon or

under the mining claims or sites, are excused from payment of the

maintenance fees. The owner shall file a certified statement by August

31 in the proper BLM office attesting to the reclamation status of the

affected mining claims and/or sites, with reference to a reclamation

plan approved by the authorized officer, and to his or her intent to

place them into permanent closure. A certified statement of such intent

and reclamation shall be filed pursuant to Sec. 3833.1-7. The number of

mining claims or sites that may properly qualify for a reclamation

waiver pursuant to this paragraph is not restricted to a 10-claim

limit.

(c) Pursuant to the Soldier's and Sailor's Relief Act (50 U.S.C.

appendix 565), military personnel on active duty status may, under

certain conditions, qualify for an exemption from the performance of

assessment work and the payment of maintenance fees. See Secs. 3833.1-

7(e)(2) and 3851.6 of this title.

(d) Under the following circumstances, a waiver may be obtained

from the payment of the maintenance fee for mining claims and sites

located upon National Park System lands:

(1) The claimant has received a declaration of taking or a notice

of intent to take from the National Park Service pursuant to sections 6

and 7 of the Act of September 28, 1976, as amended (16 U.S.C. 1905,

1906) or the Act of December 2, 1980, as amended (16 U.S.C. 3192); or

the claimant has otherwise been denied access by the United States to

his/her mining claims or sites on National Park Service lands.

(2) The claimant shall file proof of the above conditions for

exemption, attested to as a certified statement, pursuant to

Sec. 3833.1-7, with the proper BLM office by the August 31 immediately

preceding the assessment year for which a waiver is sought.

(e) Payment of the maintenance fee for mining claims covered by a

deferment of assessment work granted by the authorized officer pursuant

to 30 U.S.C. 28(b)-(e) and subpart 3852 of this title may be deferred

during the period for which the deferment is granted. Deferments are

governed by the following conditions:

(1) If a petition for a deferment of assessment work, as required

by Sec. 3852.2 of this title, is filed with the proper BLM office on or

before August 31 for a given year, the maintenance fee need not be paid

on the claims listed in the petition for deferment until the authorized

officer has acted upon the petition.

(i) If the petition is granted, maintenance fees for the claims are

deferred for the upcoming assessment year. At the expiration of the

deferment, all deferred fees shall be paid within 30 days of the end of

the deferment, unless the claimant/owner qualifies as a small miner. If

the claimant/owner qualifies as a small miner, all deferred assessment

work shall be done as provided in Sec. 3852.5 of this title prior to

filing for a small miner waiver.

(ii) If the petition for deferment is denied by the authorized

officer, the maintenance fees shall be paid within 30 days of receipt

of the decision of the authorized officer denying the petition for

deferment. Failure to pay the maintenance fees owed will result in the

claims contained within the petition being forfeited.

(f) On mining claims for which an application for a mineral patent

has been filed, and the mineral entry has been allowed, the payment of

the maintenance fee is excused for the assessment years during which

assessment work is not required pursuant to Sec. 3851.5 of this title.

However, no refund of previously deposited maintenance fees will be

made to the mineral patent applicant.

29. Section 3833.1-7 is revised to read as follows:

Sec. 3833.1-7 Filing requirements for maintenance fee waivers.

(a) A small miner exemption certification previously filed for the

assessment year ending at noon on September 1, 1994, under the Act of

October 5, 1992, and the pertinent regulations in effect on August 31,

1993, will be considered proper certification for a waiver of payment

of the maintenance fee due on August 31, 1994.

(b) The affidavit of assessment work performed by a small miner

claiming a maintenance fee waiver shall be filed with the proper BLM

office pursuant to Sec. 3833.2 and shall meet the requirements of

Sec. 3833.2-4.

(c) To obtain the small miner's waiver for the assessment year

ending at noon on September 1, 1994, the affidavit of assessment work

for the period of September 1, 1993, through September 1, 1994, shall

be filed on or before December 30, 1994, in the proper BLM office. The

certified statement required by paragraph (d) for those who are not

covered by a waiver under paragraph (a) of this section shall be filed

in the proper BLM office on or before August 31, 1994, and shall

contain all of the information required in paragraph (d). For mining

claims and sites covered by a waiver, the filing of a certified

statement pursuant to any of paragraph (d), (e), or (f) of this section

will satisfy the requirements for filing of a notice of intention to

hold pursuant to Sec. 3833.2-5, when such notice of intention to hold

is otherwise required.

(d) In order to hold mining claims or sites for the assessment year

beginning at 12 o'clock noon on September 1, 1994, each small miner

shall file a certified statement on or before August 31, 1994. Each

small miner shall file a certified statement on or before August 31

each year thereafter to hold the claims each assessment year beginning

at 12 o'clock noon on September 1 of the calendar year the

certification is due, through August 31, 1998. The small miner shall

support the claimed waiver for each assessment year a small miner's

waiver is claimed, certified, and attested to under penalty of 18

U.S.C. 1001. The certified statement shall contain:

(1) The mining claim and site names and BLM serial numbers assigned

to the mining claims and sites held by the small miner;

(2) A declaration by the claimant and all related parties that they

own no more than 10 mining claims and sites in total nationwide on the

date the waiver is due;

(3) A declaration that specifies that the assessment work

requirements have been completed for the assessment year just ending;

(4) The names and addresses of all owners maintaining an interest

in the mining claims and sites; and

(5) The signatures of all the owners of the mining claims and sites

for which a waiver is claimed.

(e) Pursuant to the Soldier's and Sailor's Relief Act, and

Sec. 3851.6 of this title, a military person entering active service

may file, or cause to be filed with the proper BLM office, a notice of

his or her entry into active military service.

(1) The notice shall be filed in the assessment year that the

person entered active duty status.

(2) The filing of the notice exempts the person from performing

assessment work or paying the maintenance fees until 6 months have

passed from the person's release from active duty status, or until 6

months have passed from release from a military hospital, whichever is

later.

(3) The performance of assessment work or the payment of

maintenance fees shall resume in the assessment year next following the

assessment year in which the person was released from active duty or a

military hospital.

(4) The notice shall be filed as a certified statement pursuant to

paragraph (d) of this section, and shall list all mining claims and

sites affected by claim/site name and BLM serial number.

(f) Claimants holding claims that are excused from performance of

assessment work by other statutes are also excused from payment of

maintenance fees as part of their waivers. The claimant/owner shall

file a certified statement pursuant to paragraph (d) of this section on

or before each August 31 in the proper BLM office, identifying the

statute that exempts the claims from assessment work.

30. Section 3833.1-8 is added to read as follows:

Sec. 3833.1-8 Refundability of service charges, location fees, rental

and maintenance fees.

(a) Service charges submitted for new recordings under Sec. 3833.1-

2 are not returnable or refundable after the document received has been

docketed and/or serialized.

(b) Service charges submitted with documents to be filed pursuant

to Secs. 3833.2 and 3833.3 are returnable or refundable if, at the time

of submission, the affected mining claim or site is determined to be

null and void or abandoned and void by operation of law.

(c) Rental fees, maintenance fees, and location fees are not

returnable or refundable unless the mining claim or site has been

determined, as of the date the fees were paid, to be null and void,

abandoned and void by operation of law, or otherwise forfeited.

(d) Rental fees, maintenance fees, location fees, or service

charges made in duplicate for the same claim or site are returnable or

refundable. When the authorized officer receives a request for a return

or refund of such fees or charges, and unless otherwise jointly

instructed in writing by the paying parties, the authorized officer

will refund the duplicate payment to the party submitting such

duplicate payment.

(e) Voluntary actions such as relinquishment of claims or sites, or

payment of rental or maintenance fees by a qualified small miner, shall

not be a qualifying reason for obtaining a refund of such fees

previously paid.

31. Section 3833.2-3 is amended by revising the section heading and

paragraphs (d) and (e) to read as follows:

Sec. 3833.2-3 Consistency between the Federal Land Policy and

Management Act, the General Mining Law of May 10, 1872, the Act of

October 5, 1992, and the Act of August 10, 1993.

* * * * *

(d) The Acts of October 5, 1992 and August 10, 1993, do not affect

the requirements to do assessment work in the assessment year beginning

at 12 o'clock noon on September 1, 1999, and ending at 12 o'clock noon

on September 1, 2000, or to make annual filings on or before December

30, 2000, pursuant to Secs. 3833.2 and 3851.1.

(e) For mining claims and sites located on or after September 1,

1998, and on or before September 30, 1998, and for which the required

$100 maintenance fee was paid at the time of recording pursuant to

section 314(b) of FLPMA and Sec. 3833.1-2, payment of the maintenance

fee satisfies the requirements of Sec. 3833.2 for the 1999 calendar

year.

32. Section 3833.2-6 is revised to read as follows:

Sec. 3833.2-6 When evidence or notice is not required.

Evidence of annual assessment work performed or a notice of

intention to hold a mining claim or mill site need not be filed on

unpatented mining claims or mill sites if mineral entry under a mineral

patent application has been allowed. The owner of that mining claim or

mill site is exempt from the filing requirements of Sec. 3833.2 and the

payment of rental or maintenance fees under Sec. 3833.1-5 as of the

date mineral entry is allowed.

33. Section 3833.3 is amended by adding paragraph (c) to read as

follows:

Sec. 3833.3 Notice of transfer of interest.

* * * * *

(c) The filing of a transfer of interest, when properly executed

and recorded under State law, is effective when recorded with the

proper BLM office. For BLM record title purposes, the transfer will be

deemed to have taken place on its effective date under State law.

34. Section 3833.4 is amended by revising the heading and

paragraphs (a) and (b), redesignating paragraphs (c) through (e) as (d)

through (f), respectively, and adding paragraph (c), to read as

follows:

Sec. 3833.4 Failure to file, or to pay rental, maintenance, or

location fees.

(a)(1)(i) The failure to make annual filings required by

Secs. 3833.2-1 and 3833.2-2 on or before the December 30 immediately

following the August 31 by which the small miner filed for a waiver of

payment of the rental or maintenance fees, shall conclusively

constitute a forfeiture of the lode or placer mining claim.

(ii) Except for the filings required on or before December 30,

1992, beginning on October 5, 1992, the requirements of Secs. 3833.2-1

through 3833.2-5 are modified by the requirements of the Acts of

October 5, 1992, and August 10, 1993, and the Energy Policy Act of

1992, and these statutory provisions are now implemented in

Secs. 3833.1-5, 3833.1-6, and 3833.1-7.

(2) Failure to record the notice or certificate of location

required by Sec. 3833.1-2(a), Sec. 3734.1(a), or Sec. 3821.2 of this

title, or failure to pay the rental, maintenance, or location fees

required by Secs. 3833.1-4, 3833.1-5, and 3833.1-7, or failure to file

the documents required by Sec. 3833.1-7(b) through (d) within the time

periods prescribed therein for claimants who also fail to pay the

maintenance fee, shall be deemed conclusively to constitute a

forfeiture of the mining claim, mill site, or tunnel site.

(3) For claimants who also fail to pay the maintenance fee, failure

by a claimant who has filed a waiver certification under Sec. 3833.1-7

to perform the assessment work required by subpart 3851 of this title

at the time of filing the waiver certification, if the work was

required under Sec. 3833.1-7(a) through (d), will result in the

affected mining claims being conclusively deemed forfeited by the owner

or owners thereof.

(4) Failure to list the 10 or fewer mining claims and/or sites for

which the fee is waived on the applicable certification document filed

pursuant to Sec. 3833.1-6 or Sec. 3833.1-7 or to pay the required

amount of maintenance fees by the prescribed August 31 will result in

the affected mining claims and/or sites being conclusively deemed

forfeited by the owner or owners thereof.

(b) Failure to file the complete information required in

Secs. 3833.1-2(b), 3833.1-7(d) through (f), 3833.2-4(a), 3833.2-4(b),

and 3833.2-5(c), when the document is otherwise filed on time, shall

not be conclusively deemed to constitute an abandonment or forfeiture

of the claim or site, but such information shall be submitted within 30

days of receipt of a notice from the authorized officer calling for

such information. Failure to submit the information requested by the

decision of the authorized officer shall result in the mining claim,

mill site, or tunnel site being deemed abandoned by the owner and

therefore forfeited.

(c) Failure to record a transfer of interest under Sec. 3833.3 will

result in the Bureau of Land Management refusing to recognize the

interest acquired by the transferee or to serve notice of any action,

decision, or contest on the unrecorded owner.

* * * * *

PART 3850--ASSESSMENT WORK

35. The authority citation for part 3850 is revised to read as

follows:

Authority: 30 U.S.C. 22 et seq.; 30 U.S.C. 28-28(e); 50 U.S.C.

Appendix 565; 106 Stat. 1374, 1378-79; 107 Stat. 312.

Subpart 3851--Assessment Work: General

36. Section 3851.3 is amended by revising paragraph (c) to read as

follows:

Sec. 3851.3 Effect of failure to perform assessment work.

* * * * *

(c) The Acts of October 5, 1992, and August 10, 1993, with certain

exceptions for small miners, temporarily suspend and supersede the

requirement to perform assessment work under Sec. 3851.1, and require

the payment of an annual $100 rental or maintenance fee per mining

claim in lieu of the assessment work. For oil shale claims, the Energy

Policy Act of 1992 (30 U.S.C. 242) suspends and supersedes the

requirement to perform assessment work under Sec. 3851.1, and requires

the payment of an annual $550 rental fee per oil shale mining claim in

lieu of the assessment work. The rental and maintenance fee

requirements and exemptions from payment of the rental fee or waivers

from the maintenance fee are described in Secs. 3833.0-3(f), 3833.1-5,

3833.1-6, and 3833.1-7 of this title.

37. Section 3851.4 is revised to read as follows:

Sec. 3851.4 Failure of a co-owner to contribute to annual assessment

work; or to the payment of rental or maintenance fees.

(a) Upon the failure of any co-owner of a mining claim to

contribute a proportion of the required expenditures, the co-owners who

have performed the labor, made improvements, paid the rental or

maintenance fee required under Secs. 3833.1-5 and 3833.1-6 of this

title, may, at the expiration of the year, give such delinquent co-

owner personal notice of this failure. This notice must be given in

writing, or such notice may be given by publication in the newspaper

published nearest the claim for at least once a week for 90 days. If,

upon the expiration of 90 days, after such notice in writing, or upon

the expiration of 180 days after the first newspaper publication of

notice, the delinquent co-owner shall have failed to contribute the

proportionate share of such expenditures or improvements, such interest

in the claim by law passes to his co-owners who have made the

expenditures or improvements as aforesaid.

(b) A claimant alleging ownership of a forfeited interest under

paragraph (a) above who requests the authorized officer to change the

ownership records of the affected mining claims shall present the

following:

(1) Statement of the publisher of the newspaper as to the facts of

publication, giving the beginning and ending dates of publication, a

printed copy of the notice published, and a statement by the claimant

that the delinquent co-owner failed to contribute his proper proportion

within the period fixed by the statute, or

(2) Evidence of personal service of the notice of delinquency upon

the delinquent party. If personal service is effected by mail, the

minimum sufficient evidence shall consist of a copy of the notice and a

copy of the return receipt of the U.S. Postal Service evidencing

receipt by the delinquent party of a registered or certified envelope

containing the notice. If service was made in person, an affidavit of

service signed and dated on the date of service will suffice as

evidence of such service; and

(3) In all cases, a signed and dated statement by the claimant that

the delinquent co-owner failed to contribute his proper proportion

within the period fixed by the statute.

(c) Upon determination by the authorized officer that paragraphs

(a) and (b) of this section have been complied with, the record title

of the mining claim shall be changed pursuant to Sec. 3833.3 of this

title. Such a change in ownership requires that the claimant submit the

service charge required for a transfer of interest pursuant to

Sec. 3833.1-4 of this title.

(d) Active duty military personnel who give notice and comply with

Sec. 3851.6 are not subject to the provisions of this section.

38. Section 3851.5 is revised to read as follows:

Sec. 3851.5 Assessment work not required after allowance of mineral

entry.

Performance of annual assessment work and payment of rental or

maintenance fees is not required after the date that the mineral entry

has been allowed.

(a) The assessment year in which the mineral entry is allowed by

the issuance of the first half of the mineral entry final certificate

is the first assessment year for which the assessment work and payment

of rental or maintenance fees is no longer required, and assessment

work is not required in any assessment year thereafter until a mineral

patent issues.

(b) If a mineral entry is canceled in whole or in part, the mining

claims and mill sites that are no longer covered by the mineral entry

shall be subject to the assessment work requirement, or the payment of

rental or maintenance fees, beginning in the next assessment year

following the assessment year that the mineral entry was canceled.

39. Section 3851.6 is added to read as follows:

Sec. 3851.6 Assessment work not required for active duty military

personnel.

Pursuant to the Soldier's and Sailor's Relief Act (50 U.S.C.

appendix 565), a person entering active military service is exempt from

the performance of annual assessment work under this subpart for each

assessment year in which the service person is on active duty.

(a) To claim the exemption, the person entering active military

service shall file, or cause to be filed with the proper BLM office, a

notice of his or her entry into active military service. The notice

shall be filed in the assessment year that the person entered active

duty status.

(b) The filing of the notice exempts the person from performing

assessment work or paying the maintenance fees until 6 months have

passed from the person's release from active duty status, or until 6

months have passed from release from a military hospital, whichever is

later.

(c) The performance of assessment work or the payment of

maintenance fees shall resume in the assessment year beginning at least

6 months after the date the person was released from active duty or a

military hospital.

(d) The notice shall be filed as a certified statement pursuant to

Sec. 3833.1-7 of this title, and shall list all mining claims and sites

affected by claim name and BLM serial number.

Subpart 3852--Deferment of Assessment Work

40. Section 3852.2 is amended by revising the first and second

sentences in paragraph (a) to read as follows:

Sec. 3852.2 Filing of petition for deferment, contents.

(a) In order to obtain a deferment, the claimant shall file with

the proper BLM office a petition in duplicate requesting such a

deferment. No particular form of petition is required, but the

applicant shall attach to one copy thereof a copy of the notice to the

public required by 30 U.S.C. 28e showing that it has been filed or

recorded in the local recording office in which the notices or

certificates of location were filed or recorded.

* * * * *

40. Section 3852.3 is revised to read as follows:

Sec. 3852.3 Notice of action on petition to be recorded.

The claimant shall file or record in the local recording office in

which he filed or recorded his notice of petition for deferment a copy

of the order or decision of the BLM authorized officer disposing of the

petition.

Dated: April 8, 1994.

Bob Armstrong,

Assistant Secretary of the Interior.

[FR Doc. 94-11346 Filed 5-10-94; 8:45 am]

BILLING CODE 4310-84-P