Appeals Procedures; Hearings Procedures

Federal RegisterOct 17, 1996

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Parts 1600, 1820, 1840, 1850, 1860, 1880, 2090, 2200, 2300,

2450, 2520, 2540, 2560, 2620, 2640, 2650, 2720, 2800, 2810, 2880,

2910, 2920, 3000, 3100, 3120, 3150, 3160, 3180, 3200, 3240, 3250,

3260, 3280, 3410, 3420, 3430, 3450, 3470, 3480, 3500, 3510, 3520,

3530, 3540, 3550, 3560, 3590, 3710, 3730, 3740, 3800, 3810, 3830,

3870, 4200, 4300, 4700, 5000, 5470, 5510, 8370, 9180 and 9230

[WO-130-1820-00 24 1A]

RIN 1004-AC99

Appeals Procedures; Hearings Procedures

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Land Management (BLM) proposes to amend its

regulations that govern procedures for protests of proposed decisions,

contests, appeals of BLM decisions and hearings. The proposed

regulations provide more consistent procedures for administrative

review of BLM decisions. The proposal also clarifies when and how BLM

decisions go into effect and if an appeal will or will not stay the

effectiveness of a BLM decision. The goal of the proposed regulation is

to present a single, streamlined administrative review process for most

of BLM's decisions, thereby reducing costs and time spent on appeals by

the appellants, BLM and the Office of Hearings and Appeals (OHA).

DATES: Comments: Submit comments by November 18, 1996. BLM will

consider comments received or postmarked on or before this date in the

preparation of the final rule.

ADDRESSES: Commenters may hand-deliver comments to the Bureau of Land

Management, Administrative Record, Room 401, 1620 L St., NW.,

Washington, DC.; or mail comments to the Bureau of Land Management,

Administrative Record, Room 401LS, 1849 C Street, NW., Washington, DC.

20240. Commenters may send comments through the internet to

[email protected]. Please include ``attn: AC99'', and your

name and return address in your Internet message. If you do not receive

a confirmation from the system that we have received your internet

message, please contact us by telephone or mail.

FOR FURTHER INFORMATION CONTACT: Jeff Holdren 202-452-7779, or Bernie

Hyde 202-452-5057.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

II. Background

III. Discussion of Proposed Rule

IV. Procedural Matters

I. Public Comment Procedures

Please provide written comments about the proposed rule which

explain the reason for any recommended changes to the addresses listed

above. Please indicate the section or paragraph of the proposed rule on

which you are commenting.

Comments received after the closing date of the comment period (see

DATES) or comments delivered to an address other than those listed

above (see ADDRESSES) may, but need not be, considered or included in

the Administrative Record for the final rule.

II. Background

A. Introduction--Protests, Appeals, Contests and Hearings

This rule pertains to the following: Protests--which are objections

to any action proposed to be taken in any proceeding before the BLM. A

protest is normally considered by the official who has the next higher

rank above the BLM official who will make the proposed decision, unless

otherwise directed in a notice of proposed decision, if such a notice

is issued.

Appeals--which are requests under part 4 of title 43 of the Code of

Federal Regulations for a review of a BLM decision. You may appeal a

BLM decision if you are a party to a case and adversely affected by

BLM's decision.

Contests--which are formal proceedings regarding such matters as

disputes over title to lands or the validity of mining claims as

described in 43 CFR 4.450 and 4.451. Contests usually involve hearings.

Hearings--which are evidentiary and factfinding proceedings before

an administrative law judge. They may be held in a variety of

circumstances. The Interior Board of Land Appeals (IBLA) may, on its

own or at the request of an appellant, order a hearing to resolve a

factual dispute related to an appeal of a BLM decision. In some cases,

a hearing must be on the record when statutorily required.

B. Historical and Current Procedures

The Department of the Interior (Department) has been handling

protests, appeals, contests and hearings since its creation in 1849.

From 1849 until BLM was created in 1946, the

[[Page 54121]]

Secretary, an under secretary, or an assistant secretary signed

decisions, which made them final agency actions. Prior to 1970,

decisions regarding the public lands were reviewed in an administrative

review process involving review by the BLM Director and then by the

Secretary. This procedure was criticized for a perceived lack of

impartiality. Thus, in 1970, OHA, and its component, the IBLA, were

created. 43 CFR 4.1.

Under current Department regulations, anyone who seeks to protest a

proposed decision, appeal a BLM decision, participate in a contest or

seek a hearing, is confronted with a wide variety of procedures

described in title 43 of the Code of Federal Regulations (43 CFR).

Because of decades of statutory changes and resulting regulatory

amendments, Departmental appeals procedures have become increasingly

inconsistent.

While parts 1840 and 1850 in 43 CFR currently serve only as a cross

reference to OHA regulations in 43 CFR part 4, over 40 other protest

regulations and 100 other appeals regulations are found in Chapter II

of 43 CFR. Chapter II of 43 CFR also contains regulations regarding

hearings, contests, administrative remedies, and the effectiveness of

decisions. As a result, anyone who wants to protest a proposed decision

or to appeal a BLM decision may often have difficulty in understanding

or following proper administrative procedures.

C. Legal Authorities for Administrative Review

The Federal Land Policy and Management Act (FLPMA) establishes a

policy in favor of considering the views of the general public in

establishing rules and regulations and structuring adjudication

procedures to assure adequate third party participation, objective

administrative review of initial decisions and expeditious

decisionmaking. 43 U.S.C. 1701(a). FLPMA also authorizes the Secretary

of the Interior to promulgate rules and regulations to carry out the

purposes of the FLPMA and of other laws applicable to the public lands.

43 U.S.C. 1740.

D. Proposed Procedures

BLM is proposing regulations to make the procedures for filing

protests and appeals more consistent and more readily understandable

and accessible to members of the public. BLM is also proposing to amend

the regulations in Chapter II of 43 CFR wherever they describe protest,

contest, appeals or hearings procedures. While BLM has attempted to

streamline its appeals procedures and make them as consistent as

possible in this proposed rule, some variation in handling of protests,

contests, hearings and appeals is still necessary in BLM's regulations

due to the wide variety of subject matter about which BLM makes

decisions. The proposed rule identifies these variations.

When seeking administrative review of a BLM decision, you should

refer to three places in the regulations: (1) The regulations which

govern the specific activity, (2) the regulations proposed for part

1840 of title 43 CFR which describe general review procedures for BLM

decisions and (3) the regulations in part 4 of title 43 CFR which

describe OHA review procedures. Under 4.1(b) of title 43 CFR, if the

general rules in subpart B of part 4 conflict with a special rule in

another subpart of title 43 CFR, the special rule governs.

III. Discussion of Proposed Rule

A. Protests, Appeals, Contests and Hearings

This proposed rule identifies the steps a person would follow in

order to seek to protest a decision proposed by BLM, to appeal a

decision made by BLM, or to participate in a contest or hearing

regarding a disputed matter. This proposed rule applies to these

activities with regard to decisions proposed to be made or made by BLM

under the regulations found in chapter II of 43 CFR.

The proposed rule amends the regulations found in chapter II of 43

CFR in three ways: (1) By eliminating provisions which duplicate those

found in the proposed part 1840 regulations, (2) by eliminating

unnecessary steps in the administrative review process where possible,

and (3) by adding cross references to the proposed part 1840 and to

part 4 of 43 CFR. In a few instances, certain protests, appeals,

contests and hearings regulations may not follow the same general

procedures outlined in proposed part 1840. Those regulations will

describe the procedures which differ from the provisions in proposed

part 1840.

The proposed rule explains that, when a decision has been appealed,

BLM is not prohibited from reconsidering or discussing the appealed

decision with the appellant or other interested parties. If BLM decides

to rescind or amend the appealed decision as a result of additional

review or discussion with the appellant or other interested parties, it

may do so by requesting OHA to remand the matter for further action by

BLM. BLM officials and appellants are encouraged to work toward

informal resolutions regarding disputes over decisions proposed or made

by BLM before and after appeals are filed. These informal reviews and

discussions are intended to replace the unnecessarily formal mid-level

reviews, such as State Director reviews, found in the existing

regulations.

B. Effect of Decisions

Under the existing regulations in part 4 of 43 CFR, except as

provided by other regulations, BLM decisions do not go into effect

during a 30-day appeals period. If an appeal and a petition for a stay

is filed during the 30-day appeals period, the decision does not go

into effect for an additional 45 days or until OHA denies the petition,

whichever is first. The 45-day period is used by OHA to decide if a

stay is warranted. If OHA concludes that a stay is not warranted and

denies the petition, the decision goes into effect when OHA denies the

petition. If the 45 days pass without a decision from OHA regarding the

petition for a stay, the decision goes into effect after the 45-day

period. If a stay is granted, the decision does not go into effect

while the appeal is pending. If neither an appeal nor a request for a

stay is filed, the decision goes into effect after the 30-day appeal

period.

Some regulations in chapter II of 43 CFR provide for certain

categories of decisions to go into effect immediately and to remain in

effect while appeals are pending. The following categories of decisions

will go into effect as provided in the regulations cited below:

(1) Right-of-Way decisions under part 2800 (see Sec. 2804.1);

(2) Right-of-Way under the Mineral Leasing Act decisions under part

2880 (see Sec. 2884.1);

(3) Minimum impact permit decisions under subpart 2920 (see

Sec. 2920.2-2(b) as published in 61 FR 32351 (1996));

(4) Decisions to hold competitive oil and gas lease sales under

Sec. 3120.1-3;

(5) Onshore Oil and Gas Geophysical Exploration decisions under

subpart 3150 (see Sec. 3150.2);

(6) Onshore Oil and Gas Operations decisions under part 3160 (see

Secs. 3165.3(e) and 3165.4(c));

(7) Geothermal Resources Operations decisions under part 3260 (see

Sec. 3266.1);

(8) Coal Lease Readjustments under Sec. 3451.2;

(9) Coal Lease Termination decisions for disqualified lessees under

Sec. 3472.1-2(e)(4) (ii) and (iii);

(10) Phosphate Lease Readjustments under Sec. 3511.4(b);

(11) Potassium Lease Readjustments under Sec. 3531.4(b);

(12) Gilsonite Lease Readjustments under Sec. 3551.4(b);

[[Page 54122]]

(13) Hardrock Mining Surface Management decisions under subpart

3809 (see Sec. 3809.4(f));

(14) Notices of closure to abate unauthorized grazing use under

Sec. 4150.2;

(15) Grazing decisions under group 4100 (see Sec. 4160.3);

(16) Adopted Wild Horse and Burro removal decisions under

Sec. 4770.3;

(17) Forest Management decisions under group 5000 (see

Sec. 5003.1); and

(18) Use authorization decisions under part 8370 (see Sec. 8372.6).

The proposed rule amends the current way in which most BLM

decisions are put in effect while appeals are pending. The proposed

rule describes three general classes of decisions, how those classes of

decisions will go into effect, and how an appeal may or may not change

the effectiveness of those classes of decisions.

First, the proposed rule describes a general rule under which BLM

decisions will go into effect 30 days after the date of service of the

decisions. If an appeal is filed during this 30-day appeals period, the

general rule provides that BLM decisions will be stayed while appeals

are pending. Under this provision, BLM may ask OHA to put a decision

into effect if public interest requires.

Second, the proposed rule provides for an exception from the

general rule for those categories of decisions listed above which go

into effect and remain in effect while appeals are pending as provided

in specific existing regulations.

Third, the proposed rule provides for a second exception for

decisions which suspend use, occupancy or development of the public

lands which must be put in effect immediately in order to protect

health, safety or the environment. If a decision is placed in effect

under either exception, the appellant may request a stay of the

decision under Sec. 4.21(b) of 43 CFR.

Because hearings procedures are located in part 4 of 43 CFR to

which proposed part 1840 refers, BLM is proposing to delete part 1850

of 43 CFR from the regulations.

C. Scope of Rule

Except as specifically provided, this proposed rule does not apply

to protests of BLM's planning recommendations (see 43 CFR 1610.5-2 and

1610.5-5), protests of proposed and initial classification decisions

(see 43 CFR part 2400), or protests or appeals of grazing decisions

(see 43 CFR part 4100). However, 43 CFR parts 1600, 2400, and 4100 may

be modified in the future so that the protest provisions in part 1840

will apply to them. Also, this proposed rulemaking does not apply to

protests and appeals decided by the Board of Contract Appeals under 43

CFR part 4, subpart C, or arising from Indian Affairs as addressed

under 43 CFR part 4, subpart D.

D. Section by Section Description of the Rule

Section 1840.1--describes the purposes of the rule, which is to

tell you how you may protest a decision proposed by BLM, appeal a BLM

decision, participate in a contest or seek a hearing related to BLM

decisions.

Section 1840.5--defines terms that apply to this subpart and other

protest, appeals, contest and hearings regulations in chapter II of

this title as amended by this rule.

Section 1840.7--describes what is not covered by this subpart.

Section 1841.10--describes what you must submit when you want to

file a protest of a proposed decision.

Section 1841.11--explains how much time you have to file a protest.

Section 1841.12--tells you where you may file a protest.

Section 1842.10--describes who may appeal a BLM decision regarding

the public lands and resources.

Section 1842.11--directs you to the procedures in part 4 of 43 CFR

for additional information regarding appeals procedures.

Section 1843.10--describes who may file a contest.

Section 1843.11--describes who may request a hearing.

Section 1844.10--explains that BLM may reconsider a decision which

has been appealed by reviewing it or by discussing it with the

appellant or other interested parties.

Section 1844.11--describes how and when decisions will go into

effect.

Section 1844.12--describes how you may request that a decision be

stayed.

Section 1845--directs you to part 4, subparts A, B, and E, of 43

CFR for more detailed information concerning administrative review

procedures.

IV. Procedural Matters

The principal authors of this proposed rule are members of the

Protest and Appeals Redesign Team, under the leadership of Jeff Holdren

and Bernie Hyde, assisted by the staff of the Regulatory Management

Team.

National Environmental Policy Act

BLM has determined that this proposed rule is categorically

excluded from environmental review under section 102(2)(C) of the

National Environmental Policy Act, in accordance with 516 Departmental

Manual (DM), Chapter 2, Appendix 1, Item 1.10, and that the proposed

rule does not meet any of the 10 criteria for exceptions to categorical

exclusions listed in 516 DM, Chapter 2, Appendix 2. Under Council on

Environmental Quality regulations (40 CFR 1508.4) and the environmental

policies and procedures of the Department of the Interior, the term

``categorical exclusion'' means a category of actions which do not

individually or cumulatively have a significant effect on the human

environment and which 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.

Paperwork Reduction Act

This rule does not contain information collection requirements that

the Office of Management and Budget must approve under 44 U.S.C. 3501.

Regulatory Flexibility Act

Congress enacted the Regulatory Flexibility Act of 1980 (RFA) to

ensure that Government regulations do not unnecessarily or

disproportionately burden small entities. The RFA requires a regulatory

flexibility analysis if a rule would have a significant economic

impact, either detrimental or beneficial, on a substantial number of

small entities. BLM has determined that this proposed rule would not

have a significant economic impact on a substantial number of small

entities under the RFA (5 U.S.C. 601 et seq.).

Unfunded Mandates Reform Act

BLM has determined that this proposed rule will not result in the

expenditure by State, local and tribal governments, in the aggregate,

or by the private sector, of $100 million or more in any one year.

Executive Order 12612

The proposed rule does 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, BLM has determined that this

proposed rule does not have sufficient federalism implications to

warrant BLM's preparation of a federalism assessment.

Executive Order 12630

The proposed rule does not represent a government action that

interferes with constitutionally protected property

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rights or would result in a taking of private property.

Executive Order 12866

The proposed rule is not significant regulatory action under

section 3(f) of Executive Order 12866 and, accordingly, is not subject

to review by the Office of Management and Budget.

List of Subjects

43 CFR Part 1600

Administrative practice and procedure, Environmental impact

statements, Indians, Intergovernmental relations, Public lands.

43 CFR Part 1820

Administrative practice and procedure, Alaska, Archives and

records, Land Management Bureau, Public lands.

43 CFR Part 1840

Administrative practice and procedure, Land Management Bureau,

Public lands.

43 CFR Part 1850

Administrative practice and procedure, Land Management Bureau,

Public lands.

43 CFR Part 1860

Administrative practice and procedure, Land Management Bureau,

Public lands.

43 CFR Part 1880

Administrative practice and procedure, Civil rights, Grants

programs--natural resources, Intergovernmental relations, Land

Management Bureau, Loan programs--natural resources, Public lands,

Public lands-mineral resources.

43 CFR Part 2090

Airports, Alaska, Coal, Grazing lands, Indians--lands, Land

Management Bureau, Public lands, Public lands--classification, Public

lands--mineral resources, Public lands--withdrawal, Seashores,

Veterans.

43 CFR Part 2200

Land Management Bureau, National forests, Public lands.

43 CFR Part 2300

Administrative practice and procedure, Electric power, Federal

Energy Regulatory Commission, Land Management Bureau, Public lands--

withdrawal.

43 CFR Part 2450

Administrative practice and procedure, Land Management Bureau,

Public lands--classification.

43 CFR Part 2520

Irrigation, Land Management Bureau, Public lands, Reclamation,

Reporting and recordkeeping requirements.

43 CFR Part 2540

Land Management Bureau, Public lands, Public lands--sale, Reporting

and recordkeeping requirements.

43 CFR Part 2560

Alaska, Homesteads, Indians-lands, Land Management Bureau, Public

lands, Public lands-sale, Reporting and recordkeeping requirements.

43 CFR Part 2620

Alaska, Intergovernmental relations, Land Management Bureau, Public

lands-grants, Public lands-mineral resources.

43 CFR Part 2640

Airports, Land Management Bureau, Public lands-grants.

43 CFR Part 2650

Administrative practice and procedure, Alaska, Federal buildings

and facilities, Indians-claims, Indians- lands, Land Management Bureau,

National forests, Public land-grants, Wildlife refuges.

43 CFR Part 2710

Administrative practice and procedure, Land Management Bureau,

Public lands-mineral resources, Public lands-sale.

43 CFR Part 2720

Administrative practice and procedure, Land Management Bureau,

Public lands-mineral resources, Public lands-sale.

43 CFR Part 2800

Communications, Electric power, Highways and roads, Land Management

Bureau, Pipelines, Public lands-rights-of-way, Reporting and

recordkeeping requirements.

43 CFR Part 2810

Highways and roads, Land Management Bureau, Public lands-rights-of-

way, Reporting and recordkeeping requirements.

43 CFR Part 2880

Administrative practice and procedure, Common carriers, Land

Management Bureau, Pipelines, Public lands-rights-of-way, Reporting and

recordkeeping requirements.

43 CFR Part 2910

Airports, Alaska, Land Management Bureau, Public lands, Recreation

and recreation areas, Waste treatment and disposal.

43 CFR Part 2920

Land Management Bureau, Public lands, Reporting and recordkeeping

requirements.

43 CFR Part 3000

Land Management Bureau, Public lands-mineral resources.

43 CFR Part 3100

Government contracts, Land Management Bureau, Mineral royalties,

Oil and gas exploration, Public lands-mineral resources, Reporting and

recordkeeping requirements, Surety bonds.

43 CFR Part 3120

Government contracts, Land Management Bureau, Oil and gas

exploration, Public lands-mineral resources, Reporting and

recordkeeping requirements.

43 CFR Part 3150

Oil and gas exploration, Public lands-mineral resources, Reporting

and recordkeeping requirements, Surety bonds.

43 CFR Part 3160

Government contracts, Indians-lands, Land Management Bureau,

Mineral royalties, Oil and gas exploration, Penalties, Public lands-

mineral resources, Reporting and recordkeeping requirements.

43 CFR Part 3180

Government contracts, Land Management Bureau, Oil and gas

exploration, Public lands-mineral resources, Surety bonds.

43 CFR Part 3200

Geothermal energy, Government contracts, Land Management Bureau,

Mineral royalties, Public lands-mineral resources, Reporting and

recordkeeping requirements, Surety bonds.

43 CFR Part 3240

Geothermal energy, Government contracts, Land Management Bureau,

Mineral royalties, Public lands-mineral resources, Reporting and

recordkeeping requirements, Water resources.

43 CFR Part 3250

Geothermal energy, Government contracts, Land Management Bureau,

Public lands-mineral resources, Reporting and recordkeeping

requirements, Surety bonds.

43 CFR Part 3260

Environmental protection, Geothermal energy, Government contracts,

Land Management Bureau,

[[Page 54124]]

Public lands-mineral resources, Reporting and recordkeeping

requirements.

43 CFR Part 3280

Geothermal energy, Government contracts, Land Management Bureau,

Public lands-mineral resources, Reporting and recordkeeping

requirements, Surety bonds.

43 CFR Part 3410

Administrative practice and procedure, Coal, Land Management

Bureau, Mines, Public lands-mineral resources, Reporting and

recordkeeping requirements, Surety bonds.

43 CFR Part 3420

Administrative practice and procedure, Coal, Government contracts,

Intergovernmental relations, Land Management Bureau, Mines, Public

lands-mineral resources, Reporting and recordkeeping requirements.

43 CFR Part 3430

Administrative practice and procedure, Coal, Government contracts,

Intergovernmental relations, Land Management Bureau, Mines, Public

lands-mineral resources, Public lands-rights-of-way, Reporting and

recordkeeping requirements.

43 CFR Part 3450

Coal, Government contracts, Intergovernmental relations, Land

Management Bureau, Mines, Public lands-mineral resources, Reporting and

recordkeeping requirements.

43 CFR Part 3470

Coal, Government contracts, Land Management Bureau, Mineral

royalties, Mines, Public lands-mineral resources, Reporting and

recordkeeping requirements, Surety bonds.

43 CFR Part 3480

Government contracts, Intergovernmental relations, Land Management

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

Reporting and recordkeeping requirements.

43 CFR Part 3500

Government contracts, Land Management Bureau, Mineral royalties,

Public lands-mineral resources, Reporting and recordkeeping

requirements, Surety bonds.

43 CFR Part 3510

Land Management Bureau, Public lands-mineral resources, Reporting

and recordkeeping requirements.

43 CFR Part 3520

Government contracts, Land Management Bureau, Public lands-mineral

resources.

43 CFR Part 3530

Government contracts, Mineral royalties, Mines, Potassium, Public

lands-mineral resources, Reporting and recordkeeping requirements,

Surety bonds.

43 CFR Part 3540

Land Management Bureau, Public lands-mineral resources.

43 CFR Part 3550

Land Management Bureau, Public lands-mineral resources.

43 CFR Part 3560

Government contracts, Land Management Bureau, Mineral royalties,

Public lands-mineral resources, Surety bonds.

43 CFR Part 3590

Environmental protection, Government contracts, Indian-lands,

Mines, Public lands-mineral resources, Reporting and recordkeeping

requirements.

43 CFR Part 3710

Administrative practice and procedure, Land Management Bureau,

Mines, Public lands-mineral resources.

43 CFR Part 3730

Administrative practice and procedure, Land Management Bureau,

Mines, Public lands-mineral resources, Reporting and recordkeeping

requirements, Surety bonds.

43 CFR Part 3740

Administrative practice and procedure, Land Management Bureau,

Mines, Public lands-mineral resources.

43 CFR Part 3800

Administrative practice and procedure, Environmental protection,

Intergovernmental relations, Land Management Bureau, Mines, Public

lands-mineral resources, Reporting and recordkeeping requirements,

Surety bonds, Wilderness areas.

43 CFR Part 3810

Land Management Bureau, Mines, Public lands-mineral resources,

Reporting and recordkeeping requirements.

43 CFR Part 3830

Land Management Bureau, Mineral royalties, Mines, Public lands-

mineral resources, Reporting and recordkeeping requirements.

43 CFR Part 3870

Administrative practice and procedure, Land Management Bureau,

Mines, Public lands-mineral resources, Reporting and recordkeeping

requirements.

43 CFR Part 4200

Administrative practice and procedure, Alaska, Grazing lands, Land

Management Bureau, Livestock, Range management.

43 CFR Part 4300

Administrative practice and procedure, Alaska, Grazing lands, Land

Management Bureau, Range Management, Reindeer, Reporting and

recordkeeping requirements

43 CFR Part 4700

Horses, Intergovernmental relations, Land Management Bureau,

Penalties, Public lands, Range management, Reporting and recordkeeping

requirements, Wildlife.

43 CFR Part 5000

Administrative practice and procedure, Forests and forest products,

Land Management Bureau, Public lands.

43 CFR Part 5470

Forests and forest products, Government contracts, Land Management

Bureau, Public lands, Reporting and recordkeeping requirements.

43 CFR Part 5510

Forests and forest products, Land Management Bureau, Public lands.

43 CFR Part 8370

Land Management Bureau, Penalties, Public lands, Recreation and

recreation areas, Reporting and recordkeeping requirements, Surety

bonds.

43 CFR Part 9180

Land Management Bureau, Public lands, Reporting and recordkeeping

requirements.

43 CFR Part 9230

Land Management Bureau, Penalties, Public lands.

Dated: September 27, 1996.

Sylvia V. Baca,

Deputy Assistant Secretary of the Interior.

For the reasons set forth in the preamble and under the authority

of 43 U.S.C. 1740, BLM proposes to amend subchapter A, chapter II,

subtitle B of Title 43 of the Code of Federal Regulations as follows:

[[Page 54125]]

PART 1600--PLANNING, PROGRAMMING, BUDGETING

1. The authority citation for part 1600 is revised to read as

follows:

Authority: 43 U.S.C. 1740.

2. Section 1610.5-3 is amended by revising paragraph (b) to read as

follows:

Sec. 1610.5-3 Conformity and Implementation.

* * * * *

(b) Within a reasonable time after a plan is approved or amended,

subject to valid existing rights, the District or Area Manager will

take action to make operations and activities under existing permits,

contracts, cooperative agreements or other instruments for occupancy

and use conform to the approved plan or amendment to the extent

applicable laws and regulations or the existing permits, contracts,

cooperative agreements or other instruments of occupancy and use allow.

Any party adversely affected by this action by the District or Area

Manager may appeal the action in accordance with parts 4 and 1840 of

this title.

* * * * *

Group 1800--Public Administrative Procedures

PART 1820--APPLICATION PROCEDURES

3. An authority citation for part 1820 is added to read as follows:

Authority: 43 U.S.C. 1740.

4. Section 1821.2-2 is amended by revising paragraph (b) to read as

follows:

Sec. 1821.2-2 Time limit for filing documents.

* * * * *

(b) If you are adversely affected by a decision, to reject an

application may appeal the decision in accordance with parts 4 and 1840

of this title. Alternatively, if not precluded by other law or

regulation, the party may file a new and properly executed application

or re-execute the rejected application. The re-executed application

will not relate back to the date of first execution.

5. The authority citation for subparts 1821, 1822, 1823, 1824,

1825, and 1826 is removed.

6. Part 1840 is revised to read as follows:

PART 1840--PROTESTS, APPEALS, CONTESTS, AND HEARINGS PROCEDURES

Subpart 1840--Protests, Appeals, Contests, and Hearings--General

Sec.

1840.1 What are the purposes of this subpart?

1840.5 Definitions.

1840.7 What is not covered by this subpart?

Protests

1841.10 What must I submit with a protest?

1841.11 How long do I have to file a protest?

1841.12 Where may I file a protest?

Appeals

1842.10 Who may appeal a BLM decision regarding the public lands

and resources?

1842.11 How do I appeal a BLM decision regarding public lands and

resources?

Contests and Hearings

1843.10 Who can file a contest?

1843.11 Who can request a hearing?

Decisions

1844.10 May BLM reconsider a decision which has been appealed?

1844.11 When will BLM decisions go into effect?

1844.12 How can I request that a decision be stayed?

1845.10 Where can I find more information on appeals, contests, and

hearings procedures?

Authority: 43 U.S.C. 1740.

Subpart 1840--Protests, Appeals, Contests, and Hearings

Sec. 1840.1 What are the purposes of this part?

(a) Except as noted in Sec. 1840.7 below, this part tells you how

you may:

(1) protest a decision proposed by BLM;

(2) appeal from a BLM decision; or

(3) seek a contest or hearing related to BLM decisions.

(b) This part is to be used in conjunction with the procedures set

out in subparts A, B, and E of part 4 of this title. Under Sec. 4.1(b)

of this title, if the general rules in subpart B of part 4 conflict

with a special rule in another subpart of this title, the special rule

governs.

Sec. 1840.5 Definitions.

The following definitions apply in this subpart and in other

regulations in chapter II of this title which are related to protests,

appeals, contests or hearings:

Adversely Affected Party means a party who may appeal, or seek a

hearing on, a decision of the BLM as provided in part 4 of this title.

Appeal means a request for review of a BLM decision under part 4 of

this title. See part 4 of this title.

Contest means a formal proceeding referred to in either sections

4.450 or 4.451 of this title.

Decision and BLM Decision mean a decision by BLM officials which is

subject to appeal under part 4 of this title, including but not limited

to, notices of decision, notices of violation, notices of incidents of

non-compliance, records of decision, orders, instructions, and

assessments.

Hearing means an evidentiary or factfinding proceeding before an

administrative law judge under Sec. 4.415 and 4.470 of this title and

under regulations contained within Chapter II of this title which may

require a hearing and other applicable laws. See Sec. 4.420 through

4.439 and Sec. 4.452 through 4.478 of this title for hearings

procedures. In some cases, a hearing must be ``on the record'' when

statutorily required to be so.

Protest means any objection to any action proposed to be taken by

BLM. See Sec. 4.450-2 of this title.

Stay means injunction in the form of an order or regulation which

stops a BLM decision from going into effect or suspends the

effectiveness of a BLM decision.

Sec. 1840.7 What is not covered by this subpart?

Except as specifically provided, this subpart does not apply to:

(a) protests to planning decisions made under Sec. 1610.5-2 and

1610.5-5 of this title;

(b) protests to proposed or initial classification decisions made

under the provisions of part 2400 of this title; or

(d) protests and appeals which are decided by the Board of Contract

Appeals under 43 CFR part 4, subpart C.

Protests

Sec. 1841.10 What must I submit with a protest?

Unless otherwise provided in other regulations in this Chapter II,

you must submit:

(a) your objections to or concerns about the proposed decision, and

why you feel the proposed decision is wrong; and,

(b) the reasons, if any, why you believe you would be adversely

affected by the proposed decision.

Sec. 1841.11 How long do I have to file a protest?

(a) If a proposed decision is issued to you, it will inform you how

long you have to file a protest from the date you receive the notice of

the proposed decision.

[[Page 54126]]

(b) If the proposed decision is published in the Federal Register

or in some other way, you may file a protest as specified in the

publication.

period for protests, you may file a protest in that time period.

(d) In all other cases, you may file a protest until the BLM

decision is made.

Sec. 1841.12 Where may I file a protest?

You may file a protest at the BLM office in which the proposed

decision will be made.

Appeals

Sec. 1842.10 Who may appeal a BLM decision regarding the public lands

and resources?

You may appeal a BLM decision if you are an adversely affected

party.

Sec. 1842.11 How do I appeal a BLM decision regarding public lands and

resources?

You may appeal a BLM decision by following the procedures described

in the applicable provisions of this subpart and part 4 of this title.

Contests and Hearings

Sec. 1843.10 Who may file a contest?

A contest may be initiated by a private entity or by a government

agency such as BLM or the Department. See Sec. 4.450 and Sec. 4.451 of

this title.

Sec. 1843.11 Who may request a hearing?

(a) Anyone who is a party to an appeal before the Interior Board of

Land Appeals (see Sec. 4.415 of this title) and

(b) Anyone who may properly seek a hearing under any pertinent

statutes or applicable regulations.

Decisions

Sec. 1844.10 May BLM reconsider a decision which has been appealed?

BLM is not prohibited from reconsidering or discussing matters

which have been appealed with the appellant. If BLM decides to rescind

or amend the appealed decision as a result of the reconsideration or

discussion, it may do so by requesting the Office of Hearings and

Appeals in writing to remand the matter for further action by BLM.

Sec. 1844.11 When will BLM decisions go into effect?

(a)(1) Except as otherwise provided in this section, BLM decisions

issued under this title will go into effect 30 days after the date of

service of the decision. If a decision is published in the Federal

However, except as provided in paragraphs (b) and (c) of this section,

if an adversely affected party appeals the decision in accordance with

this part and part 4 of this title, the decision is stayed while the

appeal is pending.

(2) BLM may request, in writing, the Director of the Office of

Hearings and Appeals or the Interior Board of Land Appeals to place a

decision, or any part of it, which is not effective or has been stayed

under this paragraph, into effect immediately when the public interest

requires.

(b) The regulations listed below provide that certain BLM decisions

will remain effective during the time a notice of appeal may be filed

or while an appeal is pending. Decisions made under the following

regulations will go into effect as provided in the regulations:

(1) Right-of-Way decisions under part 2800 (see Sec. 2804.1);

(2) Right-of-Way under the Mineral Leasing Act decisions under part

2880 (see Sec. 2884.1);

(3) Minimum impact permit decisions under subpart 2920 (see

Sec. 2920.2-2(b) as published in 61 FR 32351 (1996));

(4) Decisions to hold competitive oil and gas lease sales under

Sec. 3120.1-3;

(5) Onshore Oil and Gas Geophysical Exploration decisions under

subpart 3150 (see Sec. 3150.2);

(6) Onshore Oil and Gas Operations decisions under part 3160 (see

Secs. 3165.3(e) and 3165.4(c));

(7) Geothermal Resources Operations decisions under part 3260 (see

Sec. 3266.1);

(8) Coal Lease Readjustments under Sec. 3451.2;

(9) Coal Lease Termination decisions for disqualified lessees under

Sec. 3472.1-2(e)(4)(ii) and (iii);

(10) Phosphate Lease Readjustments under Sec. 3511.4(b);

(11) Potassium Lease Readjustments under Sec. 3531.4(b);

(12) Gilsonite Lease Readjustments under Sec. 3551.4(b);

(13) Hardrock Mining Surface Management decisions under subpart

3809 (see Sec. 3809.4(f));

(14) Notices of closure to abate unauthorized grazing use under

Sec. 4150.2;

(15) Grazing decisions under group 4100 (see Sec. 4160.3);

(16) Adopted Wild Horse and Burro removal decisions under

Sec. 4770.3;

(17) Forest Management decisions under group 5000 (see

Sec. 5003.1); and

(18) Use authorization decisions under part 8370 (see Sec. 8372.6).

occupancy or development of the public lands into effect immediately if

it finds that immediate implementation is necessary to protect health,

safety or the environment.

(d) A decision which is in effect under paragraph (b) or (c) of

this section will remain in effect unless a petition for a stay is

granted under Sec. 4.21(b) of this title.

Sec. 1844.12 How can I request that a decision be stayed?

You may request a stay of a decision which is in effect under

Sec. 1844.11(b) or (c) by filing a petition in accordance with

Sec. 4.21(b) of this title, which sets out criteria and procedures for

requesting stays.

Sec. 1845.10 Where can I find more information on appeals, contests,

and hearings procedures?

You can find more information on the procedures of the Department

of the Interior's Office of Hearings and Appeals for appeals, contests,

and hearings procedure in part 4, subparts A, B and E, of this title.

PART 1850--HEARINGS PROCEDURES--[REMOVED]

7. Part 1850 is removed.

PART 1860--CONVEYANCES, DISCLAIMERS AND CORRECTION DOCUMENTS

8. An authority citation for part 1860 is added to read as follows:

Authority: R.S. 2450, as amended; 43 U.S.C. 1161, 1201, 1740 and

1745.

9. The authority citation for subpart 1862 is removed.

10. The authority citation for subpart 1863 is removed.

11. Section 1864.4 is revised to read as follows:

Sec. 1864.4 Appeals.

Any party adversely affected by a BLM decision made under this

subpart may appeal the decision in accordance with parts 4 and 1840 of

this title.

12. Section 1865.4 is revised to read as follows:

Sec. 1865.4 Appeals.

Any party adversely affected by a BLM decision made under this

subpart may appeal the decision in accordance with parts 4 and 1840 of

this title.

PART 1880--FINANCIAL ASSISTANCE, LOCAL GOVERNMENTS

13. An authority citation for part 1880 is added to read as

follows:

Authority: Pub. L. No. 94-565, 90 Stat. 2662, 31 U.S.C. 1601-

1607; and 43 U.S.C. 1740.

14. The authority citation for subpart 1881 is removed.

[[Page 54127]]

15. The authority citation for subpart 1882 is removed.

16. Paragraphs (b) and (e) of Sec. 1881.3 are revised to read as

follows:

Sec. 1881.3 Protests.

* * * * *

(b) Any affected unit of local government may protest the results

of the computations of its payment to BLM in accordance with part 1840

and part 4 of this title.

* * * * *

(e) BLM will consult with the affected unit of local government and

the administering agency to resolve conflicts in land records and other

data sources.

17. Section 1881.4 is revised to read as follows:

Sec. 1881.4 Appeals.

Any unit of local government which is adversely affected by BLM's

rejection of a protest filed under this subpart may appeal the

rejection in accordance with parts 4 and 1840 of this title.

PART 2090--SPECIAL LAWS AND RULES

18. An authority citation for part 2090 is added to read as

follows:

Authority: 16 U.S.C. 3124; 30 U.S.C. 189; 43 U.S.C. 322, 641,

1201, 1624, and 1740.

19. The authority citation for subpart 2093 is removed.

20. The authority citation for subpart 2094 is removed.

21. In Sec. 2091.07, the last sentence of paragraph (a) is revised

to read as follows:

Sec. 2091.07 Principles.

(a) * * * If a BLM decision regarding an application, selection,

sale, location, entry, claim or settlement has been appealed in

accordance with parts 4 and 1840 of this title, the segregation

continues in effect until publication of an opening order.

* * * * *

22. In Sec. 2093.0-3, the last sentence of paragraph (a) is revised

to read as follows:

Sec. 2093.0-3 Authority.

(a) * * * Any party adversely affected by a BLM decision made under

this subpart may appeal the decision in accordance with parts 4 and

1840 of this title.

* * * * *

23. In Sec. 2093.2-3, paragraph (b) is revised to read as follows:

Sec. 2093.2-3 Procedures.

* * * * *

(b) Hearing. Except for persons who file applications under section

2 of the Act (36 Stat. 584; 30 U.S.C. 84), BLM will allow any person

filing a non-mineral application or filing for lands classified as coal

lands 30 days in which to submit evidence, preferably in the form of

statements of experts or practical miners, that the land is in fact not

coal in character, together with an application that BLM reclassify the

land. BLM will reject the application if the applicant fails to furnish

any evidence within the time specified. If, after considering the

evidence presented and after other appropriate inquiry, BLM classifies

the land as agricultural land, in the absence of other objections, BLM

will allow the non-mineral application. If BLM denies reclassification,

the applicant may, within 30 days from receipt of notice, apply for a

hearing in accordance with parts 4 and 1840 of this title, at which he

or she will have the burden of proof for showing that the

classification is improper. If he or she fails to apply for a hearing

within the time allowed, BLM will reject his or her application to

enter or file. The rejection of the application does not preclude the

person from filing another application under section 2 of the Act.

24. Section 2093.3-3 is amended by revising paragraphs (c),

(d)(1)(iv) and (d)(2)(ii) to read as follows:

Sec. 2093.3-3 Procedures.

* * * * *

entryman or claimant if the Geological Survey reports that land

included in a non-mineral entry or claim, on which final proof has not

been submitted or which has not been perfected, is in an area in which

valuable deposits of oil and gas may occur, because no reliable

evidence exists that the land contains geological structures which are

not favorable to oil and gas accumulation. After notifying the entryman

or claimant, BLM will give the entryman or claimant a reasonable time

to apply for reclassification of the land as non-mineral and to submit

evidence in support of the reclassification. If BLM denies the

reclassification request, the entryman or claimant may seek a hearing

regarding the reclassification request or appeal BLM's decision denying

the reclassification request in accordance with parts 4 and 1840 of

this title. If a hearing is ordered, the entryman or claimant has the

burden of proof to show that BLM's denial of the reclassification was

in error. If the entryman or claimant does not seek a hearing or appeal

the BLM decision denying the request for reclassification, the entry or

claim and any patent issued for lands under the entry or claim will

reserve the oil and gas to the United States.

(2) If the Geological Survey reports that land included in a non-

mineral entry or claim is in an area in which valuable deposits of oil

and gas may occur after an entryman has submitted acceptable final

proof or perfected a claim, BLM will not rely on the report in order to

reserve the oil and gas unless it can prove that the land was known to

be of mineral character on or before the date on which the entryman

submitted acceptable final proof or the claim was perfected, according

to the established criteria for distinguishing mineral from non-mineral

lands, including the criteria recognized by the Supreme Court in United

States v. Southern Pacific Company et al. (251 U.S. 1, 64 L. ed. 97).

If BLM decides to reclassify the lands for the reasons stated above

and, after notification, the entryman disagrees with BLM's decision

within a reasonable time, BLM will seek a hearing in accordance with

parts 4 and 1840 of this title. BLM has the burden of proof for

justifying the reclassification. If the entryman fails to answer BLM's

allegations within the time allowed, the entry or claim and any patent

issued the lands under the entry or claim will reserve the oil or gas

to the United States.

* * * * *

(d) Applications to disprove classification of land; hearing. (1) *

* *

(iv) If the application is denied, the applicant may, within 30

days from notice of the denial, seek a hearing to disprove the

classification in accordance with parts 4 and 1840 of this title. If

the applicant fails to seek a hearing within the time allowed, BLM will

reject the application to locate, select, enter or purchase.

* * * * *

(2) * * *

(ii) Claimants to whom this provision applies may file an

application for a classification of the land as non-mineral, together

with the evidence prescribed here to be filed by an original applicant

with his request for classification with the BLM office having

jurisdiction. If BLM denies the application, the claimant has 30 days

from receipt of the notice of the denial to seek a hearing to establish

the non-mineral character of the land in accordance with parts 4 and

1840 of this title.

* * * * *

[[Page 54128]]

PART 2200--EXCHANGES: GENERAL PROCEDURES

25. The authority citation for part 2200 is revised to read as

follows:

Authority: 43 U.S.C. 1740.

26. In Sec. 2201.1, paragraph (g) is revised to read as follows:

Sec. 2201.1 Agreement to initiate an exchange.

* * * * *

(g) BLM's withdrawal from or termination of an exchange proposal or

its agreement to begin an exchange, at any time prior to a notice of

decision, under Sec. 2201.7-1, may not be protested or appealed.

27. Section 2201.7-1 is amended by revising paragraphs (b) and (c)

to read as follows:

Sec. 2201.7-1 Notice of decision.

* * * * *

(b) For a period of 45 days after the date of publication of a

notice of the availability of a decision to approve or disapprove an

exchange proposal, the decision will be subject to protest in

accordance with parts 4 and 1840 of this title.

appeal that decision in accordance with parts 4 and 1840 of this title.

28. Section 2201.7-2 is amended by revising paragraph (b)(4) to

read as follows:

Sec. 2201.7-2 Exchange agreement.

(b)* * *

(4) Any BLM decision to approve an exchange in response to a

protest under Sec. 2201.7-1 has been affirmed if appealed in accordance

with parts 4 and 1840 of this title; and

* * * * *

PART 2300--LAND WITHDRAWALS

29. The authority citation for part 2300 continues to read as

follows:

Authority: 43 U.S.C. 1201; 43 U.S.C. 1740; E.O. 10355 (17 FR

4831, 4833).

30. In Sec. 2310.3-2, paragraphs (f)(1) and (f)(2) are revised to

read as follows:

Sec. 2310.3-2 Development and processing of the case file for

submission to the Secretary.

* * * * *

(f) * * *

(1) If the applicant objects to BLM's findings and recommendations

to the Secretary, the applicant may, within 30 days of receipt by the

applicant of notification thereof, protest the findings and

recommendations in accordance with parts 4 and 1840 of this title,

stating his or her objections in writing, and requesting the BLM

Director to review BLM's findings and recommendations. BLM will advise

the applicant of the BLM Director's decision within 30 days of receipt

of the applicant's protest in BLM's Washington Office. The applicant's

protest and the BLM Director's decision must be made part of the case

file and thereafter the case file must be submitted to the Secretary.

(2) If the applicant disagrees with the decision of the BLM

Director, he/she may, within 30 days of receipt by the applicant of the

BLM Director's decision, submit to the Secretary a statement of reasons

for disagreement. The statement will be considered by the Secretary

together with BLM's findings and recommendations, the applicant's

protest, the decision of the BLM Director, the balance of the case file

and any additional information the Secretary may request.

PART 2450--PETITION-APPLICATION CLASSIFICATION SYSTEM

31. An authority citation for part 2450 is added to read as

follows:

Authority: 43 U.S.C. 1740.

32. In Sec. 2450.5, paragraphs (d) is removed.

PART 2520--DESERT LAND ENTRIES

33. The authority citation for part 2520 is revised to read as

follows:

Authority: R.S. 2478; 43 U.S.C. 1201 and 1740.

34. In Sec. 2520.0-7, paragraph (b) is revised to read as follows:

Sec. 2520.0-7 Cross references.

* * * * *

(b) For protests, appeals, contests and hearings procedures, see

parts 4 and 1840 of this title.

35. Section 2521.6 is amended by revising the last sentence of

paragraph (i)(2) to read as follows:

Sec. 2521.6 Final proof.

* * * * *

(1) * * *

(2) * * * In default of any action by the claimant within the

specified time, BLM will reject the proof. Any claimant adversely

affected by BLM's rejection of a proof under this section may appeal

the rejection decision in accordance with parts 4 and 1840 of this

title.

36. In Sec. 2521.8, paragraph (a) is revised to read as follows:

Sec. 2521.8 Contests.

(a) Contests may be initiated in accordance with parts 4 and 1840

of this title by any person seeking to acquire title to or to claim an

interest in the land involved against a party to any desert-land entry

because of priority of claim or for any sufficient cause affecting the

legality or validity of the claim not shown by the BLM records.

* * * * *

37. Section 2522.2 is revised to read as follows:

Sec. 2522.2 Procedure on applications for extensions of time, where

contest is pending.

(a) A pending contest against a desert-land entry will not prevent

BLM from granting an application for extension of time, where the

contest affidavit does not charge facts tending to overcome the prima

facie showing of a right to such an extension (41 L.D. 603).

(b) BLM will not defer its consideration of an application for

extension of time because of a pending contest against the entry in

question unless the contest charges are sufficient, if proven, to

negate the right of the entryman to an extension of time for making

final proof. If the contest charges are insufficient to negate the

right of the entryman to an extension of time for making final proof,

BLM will grant the application for extension if the application is

regular in all respects and dismiss the contest subject to the right of

appeal, but without prejudice to the contestant's right to amend his or

her charges.

PART 2540--COLOR-OF-TITLE AND OMITTED LANDS

38. An authority citation for Part 2540 is added to read as

follows:

Authority: 43 U.S.C. 1740.

39. In Sec. 2541.5, paragraph (a) is revised to read as follows:

Sec. 2541.5 Publication; protests and contests.

(a) The applicant must publish a notice once a week for four

consecutive weeks in accordance with Sec. 1824.3 of this title, at the

applicant's expense, in a newspaper and in a form designated by BLM.

The purpose of the notice is to give anyone who may claim the land

adversely against the applicant an opportunity to file a protest or

contest to the issuance of patent under the application in accordance

with parts 4 and 1840 of this title. Anyone who protests or contests

the issuance of patent must serve a copy of the protest or contest on

the applicant and furnish BLM with evidence of the service. BLM will

post a copy of the notice for publication in the appropriate office

during the entire period of publication.

[[Page 54129]]

Before to patent issuance, the applicant must give BLM copies of the

published notice and the statement of the publisher, which will serve

as evidence that the notice was published for the required period.

* * * * *

40. Section 2542.3 is revised to read as follows:

Sec. 2542.3 Publication and posting of notice.

If upon consideration of the application BLM determines that the

applicant is entitled to purchase the land applied for, the applicant,

at the applicant's expense, must publish notice of the application in a

form designated by the BLM and in a newspaper of general circulation in

the county in which the land applied for is located. The purpose of

this notice is to give all persons who may claim the lands adversely to

the applicant or who may have a bona fide objection to the proposed

purchase an opportunity to file a protest or contest in accordance with

parts 4 and 1840 of this title before the purchase is completed. Anyone

who protests or contests the purchase must serve a copy of the protest

or contest on the applicant and must furnish BLM with evidence of the

service. BLM will post a copy of the notice for publication in the

appropriate office during the entire period of publication. Before, to

purchase, the applicant must give BLM copies of the published notice

and the statement of the publisher, which will serve as evidence that

the notice was published for the required period.

41. In Sec. 2542.4, paragraph (a) is revised to read as follows:

Sec. 2542.4 Patent.

(a) If the applicant submits satisfactory proof of publication and

no one has filed a protest or contest against the application in

accordance with parts 4 and 1840 of this title during the time allowed

for filing objections against the application, BLM will issue the

applied-for patent.

* * * * *

42. Section 2543.4 is revised to read as follows:

Sec. 2543.4 Publication and posting.

Upon payment of the appraised price, BLM will issue a notice of

application. The applicant must pay for publication of the notice of

the application in a newspaper of general circulation, designated by

BLM, in the vicinity of the applied-for lands. The notice must be

published once a week for five consecutive weeks immediately prior to

the date of sale. However, a sufficient time should elapse between the

date of last publication and the date of sale to enable the statement

of the publisher to be filed. The purpose of the notice is to give all

persons who may claim the lands adversely to the applicant an

opportunity during the publication period to file a protest or contest

in accordance with parts 4 and 1840 of this title. Protests and

contests must be corroborated. Anyone who files a protest or contest

must serve a copy on the applicant and must furnish BLM with evidence

of the service. BLM will post a copy of the notice for publication in

the appropriate office during the entire period of publication. Before

to the date fixed for the sale, the applicant must give BLM copies of

the published notice and the statement of the publisher, which will

serve as evidence that the notice was published for the required

period.

43. Section 2543.5 is revised to read as follows:

Sec. 2543.5 Patent.

If the applicant submits satisfactory proof and no one has filed a

protest or contest against the application in accordance with parts 4

and 1840 of this title, BLM will issue the applied-for patent.

44. Section 2544.4 is revised to read as follows:

Sec. 2544.4 Publication and posting.

Upon payment of the appraised price of the land, BLM will issue a

notice of application. In accordance with Sec. 1824.3 of this title,

the notice must be published at the expense of the applicant in a

newspaper of general circulation, designated by the BLM, in the

vicinity of the applied-for lands, once a week for five consecutive

weeks immediately prior to the date of sale. However, a sufficient time

must elapse between the date of the last publication and the date of

sale to enable the statement of the publisher to be filed. The purpose

of the notice is to give all persons who may claim the lands adversely

to the applicant an opportunity during the publication period to file a

protest or contest in accordance with parts 4 and 1840 of this title.

Protests and contests must be corroborated. Anyone who files a protest

or contest must serve a copy on the applicant and must furnish BLM with

evidence of the service. BLM will post a copy of the notice of

publication in the appropriate office during the entire period of

publication. Before the date fixed for the sale, the applicant must

give BLM copies of the notice of publication and the statement of the

publisher as evidence that the notice was published for the required

period.

45. Section 2545.3 is revised to read as follows:

Sec. 2545.3 Publication and posting.

Upon payment of the appraised price, BLM will issue a notice of

application. The applicant must pay for publication of the notice of

the application at his/her own expense in a newspaper of general

circulation, designated by BLM, in the vicinity of the applied-for

lands. The notice must be published once a week for five consecutive

weeks immediately before the date of sale. However, a sufficient time

must elapse between the date of last publication and the date that

patent is issued to enable the statement of the publisher to be filed.

The purpose of the notice is to give all persons who may claim the

lands adversely to the applicant an opportunity to file a protest or

contest in accordance with parts 4 and 1840 of this title. Protests and

contests must be corroborated. Anyone who files a protest or contest

must serve a copy on the applicant and must furnish BLM with evidence

of the service. BLM will post a copy of the notice of application in

the appropriate office during the entire period of publication. Before

patent issuance, the applicant must give BLM copies of the published

notice and the statement of the publisher, which will serve as evidence

that the notice was published for the required period.

46. In Sec. 2546.3, paragraph (a) is revised to read as follows:

Sec. 2546.3 Payment and publication.

(a) Before lands may be sold to a qualified preference-right

claimant, the claimant must pay the purchase price of the lands and

must publish a notice, once a week for four consecutive weeks, at his/

her expense, in a newspaper and format designated by BLM. The purpose

of the notice is to give all persons an opportunity to file with the

BLM State Office at Boise, Idaho, any protests or contests to issuance

of patent to the claimant in accordance with parts 4 and 1840 of this

title. Anyone who files a protest or contest must serve on the claimant

a copy of the protest or contest and must furnish BLM with evidence of

the service.

* * * * *

47. In Sec. 2547.4, paragraph (a) is revised to read as follows:

Sec. 2547.4 Publication and posting.

(a) The applicant must publish a notice of the application once a

week for five consecutive weeks in accordance with 1824.3 of this

title, in a newspaper and a format designated by BLM. All persons who

may claim the land adversely to the applicant may file with

[[Page 54130]]

the BLM State Office identified in the notice, a protest or contest to

issuance of patent under the application in accordance with parts 4 and

1840 of this title. Anyone who files a protest or contest must serve on

the applicant a copy of the protest or contest and furnish BLM with

evidence of the service.

* * * * *

PART 2560--ALASKA OCCUPANCY AND USE

48. An authority citation for part 2560 is added to read as

follows:

Authority: R.S. 2473; 43 U.S.C. 1201 and 1740.

49. The authority citation for subpart 2562 is removed.

50. Section 2565.2 is amended by revising paragraph (d) to read as

follows:

Sec. 2565.2 Application; fees; contests and protests.

* * * * *

(d) Contests and protests. Applications for entry will be subject

to contest or protest in accordance with parts 4 and 1840 of this

title.

51. Section 2565.4 is amended by revising the last sentence of

paragraphs (b)(1) and (b)(2) to read as follows:

Sec. 2565.4 Deeds.

(b)(1) * * * In case of conflicting applications for lots, the

trustee, if he or she considers it necessary, may order a hearing to be

conducted in accordance with parts 4 and 1840 of this title.

(2) * * * Any party adversely affected by a decision of the trustee

or a decision of BLM made under this subpart may appeal the decision in

accordance with parts 4 and 1840 of this title.

PART 2620--STATE GRANTS

52. The authority citation for part 2620 continues to read as

follows:

Authority: R.S. 2478; 43 U.S.C. 1201.

53. Section 2621.2 is amended by revising paragraph (a) to read as

follows:

Sec. 2621.2 Publication, protests, and contests.

(a) The State must publish a notice of the application once a week

for five consecutive weeks in accordance with Sec. 1824.3 of this

title, at its own expense, in a newspaper and format designated by BLM.

The purpose of the notice is to give all persons who may claim the land

adversely an opportunity to file with BLM a protest or contest, in

accordance with parts 4 and 1840 of this title, to the issuance of a

certification to the State for lands selected under the law. Anyone who

files a protest or contest must serve on the State a copy of the

protest or contest and furnish evidence of service to the appropriate

BLM office.

* * * * *

54. Section 2623.2 is amended by removing the paragraph designation

(a) and revising the last sentence to read as follows:

Sec. 2623.2 Claims protected.

* * * BLM will follow the procedures of parts 4 and 1840 of this

title for all protests, contests, or claims filed by individuals,

associations, or corporations against the States, affecting school-

section lands.

PART 2640--FAA AIRPORT GRANTS

55. The authority citation for part 2640 is revised to read as

follows:

Authority: 49 U.S.C. 2215.

56. In Sec. 2641.3 paragraph (c) is revised to read as follows:

Sec. 2641.3 Publication and payment.

* * * * *

an application to the applicant and to any party who commented on the

application. Any party who is adversely affected by BLM's decision may

appeal the decision in accordance with parts 4 and 1840 of this title.

* * * * *

PART 2650--ALASKA NATIVE SELECTIONS

57. The authority citation for part 2650 is revised to read as

follows:

Authority: 43 U.S.C. 1624.

58. In Sec. 2650.7, the third sentence of paragraph (d),

introductory text, and the second sentence of paragraph (d)(2) are

revised to read as follows:

Sec. 2650.7 Publication.

* * * * *

(d) * * * Any decision or notice actually served on parties or

constructively served on parties in accordance with this section must

state that any party claiming a property interest in land affected by

the decision may appeal the decision in accordance with parts 4 and

1840 of this title. * * *

* * * * *

(2) * * * Furthermore, the decision or notice of decision must

inform readers where further information about filing an appeal may be

found. It must also state that any party known or unknown who may claim

a property interest which may be adversely affected by the decision

will be deemed to have waived their rights which may have been

adversely affected unless they file an appeal. They must file the

appeal in accordance with the requirements stated in the decisions or

notices provided for in this subsection and parts 4 and 1840 of this

title.

59. Section 2650.8 is revised to read as follows:

Sec. 2650.8 Appeals.

Any decision relating to a land selection will become final unless

appealed in accordance with parts 4 and 1840 of this title.

60. In Sec. 2653.5, paragraph (l) is revised to read as follows:

Sec. 2653.5 Cemetery sites and historical places.

* * * * *

(l) BLM or the Secretary will serve the decision on the applicant

and all parties of record in accordance with the provisions of parts 4

and 1840 of this title. The decision will be published in accordance

with the requirements of Sec. 2650.7 of this title. The decision of BLM

will become final unless appealed in accordance with parts 4 and 1840

of this title. Any agency adversely affected by the certification of

BIA or the decision of BLM may also appeal the matter in accordance

with parts 4 and 1840 of this title. After a decision to convey an

existing cemetery site or historical place has become final, BLM will

adjust the segregation of the lands to conform with that conveyance.

61. Section 2653.8-3 is revised to read as follows:

Sec. 2653.8-3 Appeals.

Any party who is adversely affected by a decision made by BLM on

applications filed under section 14(h)(5) of the Act may appeal the

decision in accordance with parts 4 and 1840 of this title.

62. Section 2655.4 is revised to read as follows:

Sec. 2655.4 Adverse decisions.

(a) Any decision adverse to the holding agency or Native

corporation will become final unless appealed in accordance with parts

4 and 1840 of this title. If a decision is appealed, the Secretary may

take personal jurisdiction over the matter in accordance with Sec. 4.5

of this title. In the case of appeals from affected Federal agencies,

the Secretary may take jurisdiction upon written request from the

appropriate cabinet level official. The requesting official, the State

Director and any affected Native corporation must be notified in

writing of the Secretary's decision regarding the request for

Secretarial jurisdiction and

[[Page 54131]]

the reasons for the decision must be sent in writing to the requesting

agency and any other parties to the appeal.

(b) When an appeal to a decision to issue a conveyance is made by a

holding agency or a Native corporation on the basis that BLM neglected

to make a determination under section 3(e)(1) of the Act, the matter

will be remanded by the Interior Board of Land Appeals to BLM for a

determination under section 3(e)(1) of the Act and these regulations:

provided, that the holding agency or Native corporation has reasonably

satisfied the Board that its claim is not frivolous.

PART 2720--CONVEYANCE OF FEDERALLY-OWNED MINERAL INTERESTS

63. The authority citation for part 2720 continues to read as

follows:

Authority: 43 U.S.C. 1719 and 1740.

64. Section 2720.5 is revised to read as follows:

Sec. 2720.5 Appeals.

Any applicant adversely affected by a decision of BLM made under

this subpart may appeal the decision in accordance with parts 4 and

1840 of this title.

PART 2800-- RIGHTS-OF-WAY, PRINCIPLES AND PROCEDURES

65. The authority citation for part 2800 is revised to read as

follows:

Authority: 43 U.S.C. 1733, 1740, and 1763-1764.

66. Section 2803.4 is amended by revising paragraph (e) to read as

follows:

Sec. 2803.4 Suspension and termination of right-of-way authorizations.

* * * * *

(e) In the case of a right-of-way grant which is, under its terms,

an easement, BLM will give written notice to the holder of the

suspension or termination. BLM will then refer the matter to the Office

of Hearings and Appeals for a hearing before an administrative law

judge in accordance with parts 4 and 1840 of this title. If the

administrative law judge determines that grounds for suspension or

termination exist and such an action is justified, BLM will suspend or

terminate the right-of-way grant.

67. Section 2804.1 is revised to read as follows:

Sec. 2804.1 Appeals procedure.

(a) A party adversely affected by a decision of BLM made under this

subpart may appeal the decision in accordance with parts 4 and 1840 of

this title.

(b) All decisions of BLM made under this part will go into effect

immediately and will remain in effect while appeals are pending unless

a stay is granted in accordance with Sec. 4.21(b) of this title.

68. Section 2808.2-2 is revised to read as follows:

Sec. 2808.2-2 Category determination.

(a) BLM will determine the appropriate category and collect the

required application processing fee under Sec. 2808.3-1 and 2808.5

before processing an application. A record of BLM's category

determination will be made and given to the applicant. A party

adversely affected by this determination may appeal the decision in

accordance with Secs. 2804.1 and 2808.6.

(b) During the processing of an application, BLM may change a

category determination to place an application in Category V at any

time it is determined that the application requires the preparation of

an environmental impact statement. A record of change in category

determination under this paragraph will be made and given to the

applicant. A party adversely affected by a revised determination may

appeal the decision in the same manner as an original category

determination under paragraph (a) of this section. BLM will make no

other changes of category determination.

69. In Sec. 2808.3-1, paragraph (i) is revised to read as follows:

Sec. 2808.3-1 Application fees.

* * * * *

(i) BLM will provide the applicant with a written determination of

the reasonable costs to be reimbursed by the applicant or holder and

those that will be funded by the United States under paragraphs (e) and

(f) of this section and Sec. 2808.5. A party adversely affected by this

determination may appeal the decision in accordance with Secs. 2804.1

and 2808.6.

70. In Sec. 2808.5, paragraph (c) is revised to read as follows:

Sec. 2808.5 Other cost considerations.

* * * * *

in determining reimbursable costs made under Sec. 2808.3. Any party

adversely affected by the State Director's decision may appeal the

decision in accordance with Secs. 2804.1 and 2808.6.

71. Section 2808.6 is revised to read as follows:

Sec. 2808.6 Action pending decision on appeal.

(a) Even if an appeal is filed regarding BLM's determination under

Sec. 2808.2-2(a) that an application is in Categories I through IV, the

application will not be accepted for processing without payment of the

fee for the application according to the category determined by BLM.

However, when the payment is received, BLM may process the application

and, if proper, issue the grant or temporary use permit. BLM will

refund monies or make any other adjustments necessary as a result of

the outcome of the appeal.

(b) If an appeal is filed regarding BLM's determination that an

application is in Category V under Sec. 2808.2-2(a) or that an

applicant must pay additional costs under Sec. 2808.3-1 (e) through (i)

or Sec. 2808.5(c), BLM will suspend processing of the application

pending the outcome of the appeal.

PART 2810--TRAMROADS AND LOGGING ROADS

72. The authority citation for part 2810 continues to read as

follows:

Authority: 43 U.S.C. 1181a, 1181b, 1732, 1733, and 1740.

73. Section 2812.8-1 is amended by revising paragraph (c) to read

as follows:

Sec. 2812.8-1 Notice of termination.

* * * * *

registered mail on the permittee and will describe the

misrepresentation, failure or default involved. Any permittee adversely

affected by BLM's notice of termination may appeal the decision in

accordance with parts 4 and 1840 of this title.

* * * * *

74. Section 2812.8-2 is amended by revising the second and third

sentences of paragraph (b) as follows:

Sec. 2812.8-2 Remedies for violations by licensee.

* * * * *

(b) * * * The permittee is bound by BLM's decision. A permittee who

is adversely affected by the BLM decision may appeal the decision in

accordance with parts 4 and 1840 of this title. In the alternative, a

permittee who believes that a licensee has violated the terms of the

timber sale contract or cooperative agreement respecting the use of the

permittee's roads may proceed against the licensee in any court of

competent jurisdiction to obtain appropriate relief.

75. Section 2812.9 is revised to read as follows:

Sec. 2812.9 Appeals.

Any party adversely affected by a BLM decision made under this

subpart may appeal the decision in accordance with parts 4 and 1840 of

this title.

[[Page 54132]]

PART 2880--RIGHTS-OF-WAY UNDER THE MINERAL LEASING ACT

76. The authority citation for part 2880 is revised to read as

follows:

Authority: 30 U.S.C. 185.

77. In Sec. 2883.1-1, paragraph (a)(4) is revised to read as

follows:

Sec. 2883.1-1 Cost reimbursement.

(a) * * *

(4)(i) BLM may accept an application for the purpose of determining

the appropriate category and the nonrefundable application processing

fee. However, BLM will collect the full amount of the nonrefundable

application processing fee prior to processing the application. BLM

will make a record of BLM's category determination and give it to the

applicant. Any party who is adversely affected by BLM's category

determination may appeal the decision in accordance with Sec. 2884.1.

Even if a category determination is appealed, BLM will not process an

application without payment of the fee determined by BLM. If the

payment is made, BLM will process the application and will issue the

grant or permit if the application is proper. BLM will refund fees if

directed to do so in the appeal decision. Where the amount of the

nonrefundable application processing fee submitted by an applicant

exceeds the amount of the fee required in BLM's category determination,

BLM will refund the excess unless requested in writing by the applicant

to apply all or part of the refund to the grant monitoring fee required

by paragraph (b) of this section or to the rental payment for the grant

or permit.

(ii) During the processing of an application, BLM may change a

category determination to place an application in Category VI at any

time BLM determines that the application requires preparation of an

environmental impact statement. BLM will make a record of the change in

category determination under this paragraph. Any party adversely

affected by BLM's decision to change the category determination may

appeal the decision in accordance with Sec. 2884.1.

78. Section 2883.5 is revised to read as follows:

Sec. 2883.5 Immediate temporary suspension of activities.

(a) BLM may order immediate remedial actions or an immediate

temporary suspension of any activity being conducted or authorized by a

holder within a right-of-way or temporary use permit area in accordance

with this section and parts 4 and 1840 of this title.

(b) BLM may order an immediate suspension without regard to actions

which have been or may be taken by another federal or state agency.

writing on the site of the activity to the holder or a contractor or

subcontractor of the holder, or to any representative, agent, employee,

or contractor of any of them. The activity must end at that time. As

soon as practicable, BLM will send a written notice to the holder or

the holder's designated agent to confirm the previous oral order.

79. In Sec. 2883.6-1, paragraph (c) is revised to read as follows:

Sec. 2883.6-1 Suspension and termination of right-of-way grants.

* * * * *

section exists in connection with a right-of-way grant, BLM will give

written notice to the holder, and refer the matter to the Office of

Hearings and Appeals for a hearing before an administrative law judge

in accordance with parts 4 and 1840 of this title. BLM will suspend or

terminate the right-of-way grant if the administrative law judge

determines that grounds for suspension or termination exist and that

the action is justified.

80. Section 2883.6-2 is amended by revising paragraphs (b) and (c)

to read as follows:

Sec. 2883.6-2 Suspension and termination of temporary permits.

* * * * *

(b) If BLM determines that a situation under Sec. 2883.6 or this

section exists, BLM will give written notice to the holder. The holder

may protest the determination to the BLM office issuing the notice. The

reviewing official will, within the time specified in the notice,

affirm, modify, or cancel the determination and will provide the holder

with a written decision.

paragraph (b) of this section may appeal the decision in accordance

with parts 4 and 1840 of this title.

81. Section 2884.1 is revised to read as follows:

Sec. 2884.1 Appeals procedure.

(a) A party adversely affected by a decision of BLM under this

subpart may appeal the decision in accordance with parts 4 and 1840 of

this title.

(b) Except for decisions under Sec. 2883.6 through 2883.6-2, all

BLM decisions under this part will go into effect immediately and will

remain in effect while appeals are pending unless a stay is granted in

accordance with Sec. 4.21(b) of this title.

PART 2910--LEASES

82. The authority citation for part 2900 is revised to read as

follows:

Authority: 43 U.S.C. 687c-1, 1441-1443 and 1740.

83. The authority citation for subpart 2911 is removed.

84. The authority citation for subpart 2912 is removed.

85. Section 2916.2-5 is added to read as follows:

Sec. 2916.2-5 Appeals.

Any party adversely affected by a BLM decision made under this

subpart may appeal the decision in accordance with parts 4 and 1840 of

this title.

PART 2920--LEASES, PERMITS AND EASEMENTS

86. The authority citation for part 2920 is revised to read as

follows:

Authority: 43 U.S.C. 1732-1733 and 1740.

87. Section 2920.2-2 is revised to read as follows:

Sec. 2920.2-2 Minimum impact permits.

(a) BLM may, without publication of a notice of realty action,

issue a permit for a land use authorization if BLM determines that the

proposed use conforms with BLM plans, policies and programs, local

zoning ordinances and any other requirements and will not cause

appreciable damage or disturbance to the public lands, their resources

or improvements.

(b) Permit decisions made under paragraph (a) of this section will

go into effect immediately upon execution, and remain in effect during

the period of time specified in the decision to issue the permit. Any

person adversely affected by a decision to grant or deny a permit under

paragraph (a) of this section may appeal the decision in accordance

with parts 4 and 1840 of this title. However, decisions and permits

issued under paragraph (a) of this section will remain in effect unless

a petition for a stay is granted under Sec. 4.21(b) of this title.

88. In Sec. 2920.2-5 paragraph (b), introductory text, and

paragraph (b)(4) are revised to read as follows:

Sec. 2920.2-5 Proposal review.

* * * * *

(b) If the proposal is found to be appropriate for further

consideration, BLM will examine the proposal and make one of the

following determinations:

* * * * *

[[Page 54133]]

(4) The proposed land use does not conform with the approved land

use plan. Any party adversely affected by this determination may appeal

the determination in accordance with parts 4 and 1840 of this title.

89. Section 2920.4 is amended by revising paragraph (d) to read as

follows:

Sec. 2920.4 Notice of realty action.

* * * * *

(d) An application submitted before a notice of realty action is

published will not be processed and will be returned to the person who

submitted it. Return of an application may not be appealed or

protested.

90. Section 2920.9-3 is amended by revising paragraphs (b)(1) and

(c), introductory text, and (c)(2) to read as follows:

Sec. 2920.9-3 Termination and suspension.

* * * * *

(b)(1) If BLM determines that there is noncompliance with the terms

and conditions of a land use authorization which adversely affects

health, safety or the environment, BLM will order an immediate

temporary suspension of the land use in accordance with Sec. 1844.11

* * * * *

immediate suspension.

* * * * *

(2) After BLM gives the holder of the land use authorization due

notice of termination or suspension, if noncompliance still exists

after a reasonable time, BLM will give written notice to the holder and

refer the matter to the Office of Hearings and Appeals for a hearing

before an administrative law judge in accordance with part 1840 and

4.420-4.439 of this title. BLM will suspend or revoke the land use

authorization if the administrative law judge determines that grounds

for suspension or revocation exist and that such an action is

justified.

PART 3000--MINERALS MANAGEMENT: GENERAL

91. The authority citation for part 3000 is revised to read as

follows:

Authority: 30 U.S.C. 189, 306 and 359; 16 U.S.C. 3150; 43 U.S.C.

1740; 42 U.S.C. 6508; 31 U.S.C. 9701(b); and 40 Op. Atty. Gen. 41.

92. Section 3000.4 is revised to read as follows:

Sec. 3000.4 Appeals.

Except as provided in Sec. 3101.7-3(b), 3102.5-1, 3108.3, and

3120.1-3 of this title, any party adversely affected by a decision of

BLM made under the provisions of Group 3000 or Group 3100 of this title

may appeal the decision in accordance with parts 4 and 1840 of this

title.

Sec. 3000.5 [Removed]

93. Section 3000.5 is removed.

PART 3100--ONSHORE OIL AND GAS LEASING

94. The authority citation for part 3100 continues to read as

follows:

Authority: 30 U.S.C. 181 et seq., 30 U.S.C. 351-359.

95. Section 3101.7-3 is revised to read as follows:

Sec. 3101.7-3 Appeals.

(a) Any party adversely affected by a decision of BLM to reject an

offer to lease or to issue a lease with stipulations recommended by the

surface managing agency may appeal the decision in accordance with

parts 4 and 1840 of this title.

(b) If, as provided by statute, a surface managing agency has

required that certain stipulations be included in a lease or has

consented, or objected or refused to consent to leasing, any lease

offeror adversely affected by the surface managing agency decision may

appeal the decision only in accordance with the administrative appeals

procedures provided for by the particular surface managing agency.

PART 3120--COMPETITIVE LEASES

96. The authority citation for part 3120 is revised to read as

follows:

Authority: 30 U.S.C. 181 et seq.; 30 U.S.C. 351-359; 16 U.S.C.

3101 et seq.; 43 U.S.C. 1701 et seq.; 40 U.S.C. 471 et seq., and 40

Op. Atty. Gen. 41.97. Section 3120.1-3 is revised to read as

follows:

Sec. 3120.1-3 Protests and appeals.

(a) A decision of BLM to hold a lease sale as provided under this

subpart will not be suspended or stayed under Sec. 4.21(a) or

Sec. 1844.11 of this title if an appeal of the decision is filed. BLM

may suspend the offering of a specific parcel while considering a

protest or appeal regarding its inclusion in a Notice of Competitive

Lease Sale.

(b) Only the Secretary or the Assistant Secretary for Land and

Minerals Management may suspend a lease sale for good and just cause

after reviewing the reason(s) for an appeal.

PART 3150--ONSHORE OIL AND GAS GEOPHYSICAL EXPLORATION

98. The authority citation for part 3150 is revised to read as

follows:

Authority: 30 U.S.C. 189; 30 U.S.C. 359; 43 U.S.C. 1733 and

1740; 16 U.S.C. 3150; 42 U.S.C. 6508; and 31 U.S.C. 9701.

99. In Sec. 3150.1, the second sentence is revised to read as

follows:

Sec. 3150.1 Suspension, revocation or cancellation.

* * * The Secretary may order an immediate temporary suspension of

activities authorized under a permit or other use authorization as

provided in Sec. 1844.11(c) of this title.

100. Section 3150.2 is revised to read as follows:

Sec. 3150.2 Appeals.

(a) Any party adversely affected by a decision or approval of BLM

under this subpart may appeal that decision in accordance with parts 4

and 1840 of this title.

(b) All decisions and approvals of BLM under this part will go into

effect immediately and will remain in effect while appeals are pending

unless a stay is granted in accordance with Sec. 4.21(b) of this title.

section will diminish BLM's discretionary authority to stay the

effectiveness of a decision under this subpart if the decision is

appealed and an adversely affected party requests a stay or BLM decides

to stay the decision on its own initiative.

PART 3160--ONSHORE OIL AND GAS OPERATIONS

101. The authority citation for part 3160 continues to read as

follows:

Authority: 43 U.S.C. 1733; 30 U.S.C. 189; 30 U.S.C. 359; 30

U.S.C. 306; 25 U.S.C. 396, 396d, 398e and 399; 42 U.S.C. 6508; 30

U.S.C. 1701 et seq.

102. Section 3165.3 is revised to read as follows:

Sec. 3165.3 Notice and hearing on the record.

(a) Notice. If an operating rights owner or operator fails to

comply with any provisions of the lease, the regulars in this part,

applicable orders or notices, or any other appropriate orders of BLM,

BLM will give the party written notice to remedy any defaults or

violations. BLM will serve written orders or notices of violation,

assessment, or proposed penalty on the party by personal service or by

certified mail. Any person may designate a representative to receive

any notice of violation, assessment, or proposed penalty on his/her

behalf. In the case of a major violation, BLM will make a good faith

effort to contact the designated representative by telephone to be

followed by a written notice. Receipt of notice will be deemed to

[[Page 54134]]

occur at the time of the telephone contact, and the time of notice and

the name of the receiving party will be documented in the file. If BLM

is unable to contact the designated representative after good faith

efforts, BLM will serve notice of the major violation on any person

conducting or supervising operations subject to the regulations in this

part. In the case of a minor violation, BLM will serve notice as

described above. A copy of all orders, notices, or instructions served

on any contractor or field employee or designated representative will

also be mailed to the operator. Any notice involving a civil penalty

will be mailed to the operating rights owner.

(b) No civil penalty will be assessed under this part until the

party charged with the violation has been given the opportunity for a

hearing on the record in accordance with section 109(e) of the Federal

Oil and Gas Royalty Management Act. Any party adversely affected by

BLM's decision on the proposed penalty may request a hearing on the

record before an administrative law judge or, in lieu of a hearing, may

appeal that decision directly to the Interior Board of Land Appeals as

provided in Sec. 3165.4(b)(2). If the party elects to request a hearing

on the record, the request must be filed in the office of the State

Director having jurisdiction over the lands covered by the lease within

30 days of receipt of the notice of proposed penalty. If a hearing on

the record is requested, the State Director will refer the complete

case file to the Office of Hearings and Appeals for a hearing before an

administrative law judge in accordance with parts 4 and 1840 of this

title.

hearing on the record before an administrative law judge under this

section will not suspend the requirement to comply with the notice of

violation or proposed penalty or stop the daily accumulation of

assessments, unless an administrative law judge so determines in

accordance with part 4 of this title. However, a request for a hearing

on the record will suspend the accumulation of additional daily

penalties until a final decision is rendered, except that within 10

days of receipt of a request for a hearing on the record, the State

Director may, after review of the request, recommend that the BLM

Director reinstate the accumulation of daily civil penalties until the

violation is abated. Within 45 days of the filing of the request for a

hearing on the record, the BLM Director may reinstate the accumulation

of civil penalties if he/she determines that the public interest

requires a reinstatement of the accumulation and that the violation is

causing or threatening immediate, substantial and adverse impacts on

public health and safety, the environment, production accountability,

or royalty income. If the BLM Director does not reinstate the daily

accumulation within 45 days of the filing of the request for a hearing

on the record, the suspension of accumulation of additional daily

penalties will continue.

103. Section 3165.4 is revised to read as follows:

Sec. 3165.4 Appeals.

(a) Appeal of decision. Any party adversely affected by a notice,

instruction, order, or decision under this subpart may appeal it in

accordance with parts 4 and 1840 of this title.

(b) Appeal from decision on a proposed penalty after a hearing on

the record. (1) Any party adversely affected by the decision of an

administrative law judge on a proposed penalty after a hearing on the

record under Sec. 3165.3 may appeal that decision in accordance with

parts 4 and 1840 of this title.

(2) In lieu of a hearing on the record under Sec. 3165.3, any party

adversely affected by a proposed penalty may waive the opportunity for

such a hearing on the record by appealing directly to the Interior

Board of Land Appeals in accordance with parts 4 and 1840 of this

title. However, waiving the right to a hearing on the record precludes

further appeal to the District Court under section 109(j) of the

Federal Oil and Gas Royalty Management Act.

judge. All decisions of an administrative law judge under this part

will go into effect immediately and remain in effect while any appeals

are pending unless a stay is granted in accordance Sec. 4.21(b) of this

title. Notwithstanding the foregoing sentence, nothing in this

paragraph will diminish the BLM's discretionary authority to stay the

effectiveness of a decision which has been appealed under paragraph (a)

or (b) of this section if an adversely affected party requests a stay

or if BLM's decides a stay is warranted on its own initiative.

(d) Effect of appeal on compliance requirements. Except as provided

in paragraph (e) of this section, any appeal filed in accordance with

paragraphs (a) and (b) of this section will not result in a suspension

of the requirement for compliance with the order or decision from which

the appeal is taken unless the Interior Board of Land Appeals

determines that a suspension will not harm the interests of the lessor

or that a bond has been submitted and accepted which is adequate to

indemnify the lessor from loss or damage.

(e) Effect of appeal on assessments and penalties. (1) Except as

provided in paragraph (e)(3) of this section, an appeal filed under

paragraph (a) of this section will suspend the accumulation of

additional daily assessments. However, the filing of an appeal will not

bar BLM from assessing civil penalties under Sec. 3163.2 in the event

the operator has failed to abate the violation which resulted in the

assessment. The Interior Board of Land Appeals may issue appropriate

orders to coordinate the pending appeal and the pending civil penalty

proceeding.

(2) Except as provided in paragraph (e)(3) of this section, an

appeal filed under paragraph (b) of this section will suspend the

accumulation of additional daily civil penalties.

(3) When an appeal is filed under paragraph (a) or (b) of this

section, the State Director may, within 10 days of receipt of the

notice of appeal, recommend that the BLM Director reinstate the

accumulation of assessments and daily civil penalties until a final

decision is rendered or until the violation is abated. The BLM Director

may, if he/she determines that the public interest requires it,

reinstate the accumulation(s) upon a finding that the violation is

causing or threatening immediate substantial and adverse impacts on

public health and safety, the environment, production accountability,

or royalty income. If the BLM Director does not act on the

recommendation to reinstate the accumulation(s) within 45 days of the

filing of the notice of appeal, the suspension will continue.

(f) Judicial review. Any person who is adversely affected by a

final order of the Secretary under this section may seek review of the

order in the United States District Court for the judicial district in

which the alleged violation occurred. Because section 109 of the

Federal Oil and Gas Royalty Management Act provides for judicial review

of civil penalty determinations only where a person has requested a

hearing on the record, a waiver of such hearing precludes further

review by the district court. Review by the district court will be on

the administrative record only and not de novo. Such an action will be

barred unless filed within 90 days after issuance of final decision.

PART 3180--ONSHORE OIL AND GAS UNIT AGREEMENTS: UNPROVEN AREAS

104. The authority citation for part 3180 continues to read as

follows:

Authority: 30 U.S.C. 181 and 226.

[[Page 54135]]

105. Section 3185.1 is revised to read as follows:

Sec. 3185.1 Appeals.

Any party adversely affected by an instruction, order, or decision

issued under this part may appeal it in accordance with parts 4 and

1840 of this title.

PART 3200--GEOTHERMAL RESOURCES LEASING: GENERAL

106. The authority citation for part 3200 is revised to read as

follows:

Authority: 30 U.S.C. 1023.

107. In Sec. 3205.3-9, the sixth, seventh, and eighth sentences,

are revised to read as follows:

Sec. 3205.3-9 Readjustments.

* * * If the lessee files a protest in accordance with parts 4 and

1840 of this title, and no agreement can be reached between BLM and the

lessee within a period of 60 days, the lease may be terminated by

either party to the lease. Any party adversely affected by such a lease

termination may appeal the termination in accordance with parts 4 and

1840 of this title. If the lessee files a protest to the proposed

readjusted terms and conditions, the existing terms and conditions will

remain in effect until there has been an agreement between BLM and the

lessee on the new terms and conditions to be applied to the lease or

until the lease is terminated, except payments of any proposed

readjusted rentals and royalties must be paid in the timely manner

prescribed in these regulations and may be paid under protest. The

readjusted terms and conditions will be effective as of the end of the

term being adjusted. * * *

PART 3240--RULES GOVERNING LEASES

108. The authority citation for part 3240 is revised to read as

follows:

Authority: 30 U.S.C. 1023.

109. Section 3244.3 is revised to read as follows:

Sec. 3244.3 Cancellation of lease for noncompliance with regulations

or lease terms; notice; hearing.

(a) A lease may be canceled by BLM for any violation of these

regulations, the regulations in part 3260 of this title, or the lease

terms, 30 days after the lessee receives notice from BLM of the

violation, unless the lessee corrects the violation within that time

period, or the violation is one that cannot be corrected within the

notice period and the lessee has in good faith begun to correct the

violation within the notice period and thereafter continues to

diligently complete the correction.

(b) Any lessee may seek a hearing before an administrative law

judge regarding the violation or the proposed cancellation of lease.

The lessee must request a hearing in accordance with parts 4 and 1840

of this title within the 30-day period after notice. BLM will extend

the time in which a lessee may correct a violation of the regulations

or of the lease terms to a date which is 30 days after the lessee

receives the administrative law judge's decision on the hearing if the

administrative law judge finds that a violation has occurred.

PART 3250--UTILIZATION OF GEOTHERMAL RESOURCES

110. The authority citation for part 3250 is revised to read as

follows:

Authority: 30 U.S.C. 1001-1025.

111. Section 3250.9 is amended by revising paragraph (b) to read as

follows:

Sec. 3250.9 Relinquishment, expiration, or termination of license.

* * * * *

(b) A license issued under this part may be terminated by written

order of BLM for any violation of any applicable regulation or any

license term or condition, after 30 days notice. However, the

termination will not take effect if within the 30-day notice period

either the violation is corrected or the licensee has commenced in good

faith to correct the violation and will thereafter proceed diligently

to correct the violation where the violation is such that it cannot be

corrected within the notice period. Any licensee who may be adversely

affected by BLM's termination order may appeal the order and is

entitled to a hearing regarding the violation and the termination in

accordance with parts 4 and 1840 of this title if the appeal is filed

within the 30-day notice period. If an appeal is filed on time, BLM

will extend the time in which the licensee may begin to correct the

violation to a date which is 30 days after a final decision is rendered

if it is found that a violation exists.

PART 3260--GEOTHERMAL RESOURCES OPERATIONS

112. The authority citation for part 3260 is revised to read as

follows:

Authority: 30 U.S.C. 1023.

113. Section 3266.1 is revised to read as follows:

Sec. 3266.1 Appeals.

(a) Any party adversely affected by a decision of BLM made under

this part may appeal that decision in accordance with parts 4 and 1840

of this title.

(b) All decisions or approvals of BLM under this part will go into

effect immediately and remain in effect while appeals are pending

unless a stay is granted in accordance with Sec. 4.21(b) of this title.

PART 3280--GEOTHERMAL RESOURCES UNIT AGREEMENTS: UNPROVEN AREAS

114. The authority citation for part 3280 is revised to read as

follows:

Authority: 30 U.S.C. 1001-1025.

115. Section 3285.1 is revised to read as follows:

Sec. 3285.1 Appeals.

Any party adversely affected by an order or decision made under

this part may appeal the order or decision in accordance with parts 4

and 1840 of this title.

PART 3410--EXPLORATION LICENSES

116. The authority citation for part 3410 is revised to read as

follows:

Authority: 30 U.S.C. 210(b).

117. In Sec. 3410.3-1, paragraphs (g)(1) and (g)(2) are revised to

read as follows:

Sec. 3410.3-1 Issuance and termination of an exploration license.

* * * * *

(g) * * *

(1) BLM may adjust the terms and conditions of the exploration

license, or

(2) BLM may direct adjustment in or approve modification of the

exploration plan. Any licensee who is adversely affected by BLM's

adjustment or modification decision may appeal the decision in

accordance with parts 4 and 1840 of this title or may relinquish the

exploration license.

* * * * *

PART 3420--COMPETITIVE LEASING

118. The authority citation for part 3420 is revised to read as

follows:

Authority: 30 U.S.C. 189; 30 U.S.C. 359; 30 U.S.C. 1272 and

1273; and 43 U.S.C. 1733 and 1740.

119. Section 3427.2 is amended by revising paragraphs (j) and (k)

to read as follows:

Sec. 3427.2 Procedures.

* * * * *

(j) If the surface owner fails to provide evidence of

qualifications in response to surface owner consultation or to a

written request for such evidence, and if BLM is unable to

independently

[[Page 54136]]

determine whether or not the surface owner is qualified, BLM will

presume that the surface owner is unqualified. BLM will notify the

surface owner in writing of this determination and will provide the

surface owner an opportunity to appeal the determination.

(k) Any surface owner determined to be unqualified by decision of

the field official of the surface management agency will have 30 days

from the date of receipt of such decision in which to appeal the

decision in accordance with parts 4 and 1840 of this title.

PART 3430--NONCOMPETITIVE LEASES

120. The authority citation for part 3430 is revised to read as

follows:

Authority: 30 U.S.C. 189; 30 U.S.C. 359; 30 U.S.C. 1260, 1272

and 1273; and 43 U.S.C. 1733 and 1740.

121. Section 3430.5-2 is revised to read as follows:

Sec. 3430.5-2 Appeals, lack of showing.

(a) Any applicant whose application is rejected because the

applicant has not shown the existence of commercial quantities of coal

may appeal the decision to reject the application in accordance with

parts 4 and 1840 of this title.

(b) The applicant is entitled to a hearing before an administrative

law judge in accordance with parts 4 and 1840 of this title if the

applicant has alleged that the facts in the application are sufficient

to show an entitlement to a lease.

going forward and the burden of proof to show, by a preponderance of

evidence, that commercial quantities of coal exist in the proposed

lease area.

PART 3450--MANAGEMENT OF EXISTING LEASES

122. The authority citation for part 3450 is revised to read as

follows:

Authority: 30 U.S.C. 189; 30 U.S.C. 359; 30 U.S.C. 1272 and

1273; and 43 U.S.C. 1733 and 1740.

123. In Sec. 3451.2, paragraph (d) is revised to read as follows:

Sec. 3451.2 Notification of readjusted lease terms.

* * * * *

(d) Any lessee adversely affected by the readjustment decision may

appeal the decision in accordance with parts 4 and 1840 of this title;

and

* * * * *

PART 3470--COAL MANAGEMENT PROVISIONS AND LIMITATIONS

124. The authority citation for part 3470 is revised to read as

follows:

Authority: 30 U.S.C. 189 and 30 U.S.C. 359.

125. Section 3472.1-2 is amended by revising paragraphs (e)(4)(ii)

and (iii) to read as follows:

Sec. 3472.1-2 Special leasing qualifications.

* * * * *

(e) * * *

(4) * * *

(ii) Once a lease has been issued, or transfer approved, to an

entity that qualifies under paragraph (e)(4)(i) of this section, an

adverse decision by BLM on the pending action, or the withdrawal of the

pending action by the applicant, will result in termination of the

lease or recision of the transfer approval. An entity who is adversely

affected by such a decision may appeal the decision in accordance with

parts 4 and 1840 of this title. Such a decision will go into effect

immediately and remain in effect while any appeal is pending unless a

stay is granted in accordance with Sec. 4.21(b) of this title. The

possibility of lease termination will be included as a special

stipulation in every lease issued to an entity that qualifies under

paragraph (e)(4) of this section.

(iii) The entity will not qualify for lease issuance or transfer

under paragraph (e)(4)(i) of this section while an appeal is pending

before the Office of Hearings and Appeals regarding an adverse decision

by BLM on any of the actions described in paragraph (e)(4)(i) of this

section.

* * * * *

PART 3480--COAL EXPLORATION AND MINING OPERATIONS RULES

126. The authority citation for part 3480 is revised to read as

follows:

Authority: 30 U.S.C. 189; 30 U.S.C. 359; 30 U.S.C. 1266 and

1273; and 43 U.S.C. 1461, 1733 and 1740.

137. Section 3486.4 is revised to read as follows:

Sec. 3486.4 Appeals.

Any party adversely affected by a decision or order issued by BLM

under this part may appeal the decision or order in accordance with

parts 4 and 1840 of this title.

PART 3500--LEASING OF SOLID MINERALS OTHER THAN COAL AND OIL SHALE

128. The authority citation for part 3500 is revised to read as

follows:

Authority: 30 U.S.C. 189; 30 U.S.C. 359; 43 U.S.C. 1733 and

1740; 30 U.S.C. 192c; 30 U.S.C. 293; 16 U.S.C. 460n-5; 16 U.S.C.

460q-1; 16 U.S.C. 460dd-2; 16 U.S.C. 460mm-2--460mm-3; 31 U.S.C.

9701.

129. Section 3500.4 is revised to read as follows:

Sec. 3500.4 Appeals.

Any party adversely affected by a decision of BLM made under this

part may appeal the decision in accordance with parts 4 and 1840 of

this title.

130. In Sec. 3500.9-1, paragraph (c) is revised to read as follows:

Sec. 3500.9-1 Federal lands administered by agencies outside of the

Department of the Interior.

* * * * *

required that certain stipulations be included in a lease or permit or

has consented, or objected or refused to consent to leasing or

permitting, any applicant adversely affected by the surface managing

agency decision may appeal the decision only in accordance with the

administrative appeals procedures provided for by the particular

surface managing agency.

PART 3510--PHOSPHATE

131. The authority citation for part 3510 is revised to read as

follows:

Authority: 30 U.S.C. 181 et seq.; 30 U.S.C. 351-359; 43 U.S.C.

1701 et seq.; 47 Stat. 1487; 43 U.S.C. 387; 16 U.S.C. 460n et seq.;

16 U.S.C. 460q et seq.; 16 U.S.C. 90c et seq.; 16 U.S.C. 460dd et

seq.; 16 U.S.C. 460mm-2--460mm-4; 31 U.S.C. 9701.

132. Section 3511.4 is revised to read as follows:

Sec. 3511.4 Readjustment.

(a) The terms and conditions of a lease are subject to reasonable

readjustment at the end of each 20-year period following the effective

date of the lease unless otherwise provided by law at the time of

expiration of such period. Before the expiration of each 20-year

period, BLM will send proposed readjusted terms and conditions to the

lessee. If BLM fails to send the proposed readjusted terms and

conditions prior to the expiration of the 20-year period, the right to

readjust the lease will have been waived until the expiration of the

next 20-year term.

(b) The lessee is deemed to have agreed to the readjusted terms and

conditions unless within 60 days after receiving them, the lessee files

a protest in accordance with part 4 and 1840 of this title to the

readjusted terms and conditions or relinquishes the lease. BLM will

issue a decision responding to the protest, and if the response is

[[Page 54137]]

adverse to the lessee, the lessee may appeal the decision in accordance

with parts 4 and 1840 of this title. The effective date of the

readjustment will not be affected by the filing of a protest or appeal.

conditions will be effective pending a response to the protest or the

outcome of the appeal provided for in paragraph (b) of this section

unless BLM provides otherwise in the decision. Upon the filing of a

protest or appeal, the obligation to pay any increased readjusted

royalties, minimum royalties and rentals will be suspended pending the

outcome of the protest or appeal. However, any such increased

royalties, minimum royalties and rentals will accrue while the protest

or appeal is pending, commencing with the effective date of the

readjustment. If the increased royalties, minimum royalties and rentals

are sustained by the decision on the protest or on appeal, the accrued

balance, plus interest at the rate specified for late payment by the

Service will be payable. (See part 3590 of this title.) Pending the

decision on the protest or the appeal, the royalties, minimum royalties

and rentals will be payable as specified by the lease terms and

conditions in effect prior to the end of the 20-year period.

133. Section 3513.4 is revised to read as follows:

Sec. 3513.4 Rejection of application.

(a) BLM will reject an application for a preference right lease if

it determines that:

(1) The applicant did not discover a valuable deposit of phosphate;

(2) The applicant did not submit requested information in a timely

manner; or

(3) The applicant did not otherwise comply with the requirements of

this subpart.

(b) The applicant has a right to a hearing before an administrative

law judge in accordance with parts 4 and 1840 of this title if the

applicant has alleged facts in the application that are sufficient to

show an entitlement to a lease.

of going forward and the burden of proof to show, by a preponderance of

the evidence, that a valuable deposit of phosphate was discovered.

PART 3520--SODIUM

134. The authority citation for part 3520 is revised to read as

follows:

Authority: 30 U.S.C. 181 et seq.; 30 U.S.C. 351-359; 43 U.S.C.

1701 et seq.; 47 Stat. 1487; 43 U.S.C. 387; 16 U.S.C. 460n et seq.;

16 U.S.C. 460q et seq.; 16 U.S.C. 90c et seq.; 16 U.S.C. 460dd et

seq.; 16 U.S.C. 460mm-2--460mm-4; 31 U.S.C. 9701.

135. Section 3523.4 is revised to read as follows:

Sec. 3523.4 Rejection of application.

(a) BLM will reject the application for a preference right lease if

it determines that:

(1) The applicant did not discover a valuable deposit of sodium

and/or the lands are not chiefly valuable therefor;

(2) The applicant did not submit requested information in a timely

manner; or

(3) The applicant did not otherwise comply with the requirements of

this subpart.

(b) The applicant has a right to a hearing before an administrative

law judge in accordance with parts 4 and 1840 of this title if the

applicant has alleged facts in the application that are sufficient to

show an entitlement to a lease.

going forward and the burden of proof to show, by a preponderance of

the evidence, that a valuable deposit of sodium or any sodium compound

was discovered and that the lands are chiefly valuable therefor.

PART 3530--POTASSIUM

136. The authority citation for part 3530 is revised to read as

follows:

Authority: 30 U.S.C. 181 et seq.; 30 U.S.C. 351-359; 43 U.S.C.

1701 et seq.; 43 U.S.C. 387; 16 U.S.C. 460n et seq.; 16 U.S.C. 460q

et seq.; 16 U.S.C. 90c et seq.; 16 U.S.C. 460dd et seq.; 16 U.S.C.

460mm-2--460mm-4; 31 U.S.C. 9701.

137. Section 3531.4 is revised to read as follows:

Sec. 3531.4 Readjustment.

(a) The terms and conditions of a lease are subject to reasonable

readjustment at the end of each 20-year period following the effective

date of the lease unless otherwise provided by law at the time of

expiration of such period. Prior to the expiration of each 20-year

period, BLM will send proposed readjusted terms and conditions to the

lessee. If BLM fails to send the proposed readjusted terms and

conditions prior to the expiration of the 20-year period, the right to

readjust the lease will have been waived until the expiration of the

next 20-year term.

(b) The lessee is deemed to have agreed to the readjusted terms and

conditions unless, within 60 days after receiving them, the lessee

files a protest of the readjusted terms in accordance with parts 4 and

1840 of this title or relinquishes the lease. BLM will issue a decision

responding to the protest, and if the response is adverse to the

lessee, the lessee may appeal the decision in accordance with parts 4

and 1840 of this title. The effective date of the readjustment will not

be affected by the filing of a protest or appeal.

terms and conditions will be effective pending the outcome of the

protest or the appeal provided for in paragraph (b) of this section

unless BLM provides otherwise. Upon the filing of a protest or appeal,

the obligation to pay any increased readjusted royalties, minimum

royalties and rentals will be suspended pending the outcome of the

protest or appeal. However, any such increased royalties, minimum

royalties and rentals will accrue while the protest or appeal is

pending, commencing with the effective date of the readjustment. If the

increased royalties, minimum royalties and rentals are sustained by the

decision on the protest or appeal, the accrued balance, plus interest

at the rate specified for late payment by the Service will be payable

(See part 3590). Pending the decision on the protest or appeal, the

royalties, minimum royalties and rentals will be payable as specified

by the lease terms and conditions in effect prior to the end of the 20-

year period.

138. Section 3533.4 is revised to read as follows:

Sec. 3533.4 Rejection of application.

(a) BLM will reject an application for a preference right lease if

it determines that:

(1) The applicant did not discover a valuable deposit of potassium

and/or the lands are not chiefly valuable therefor;

(2) The applicant did not submit requested information in a timely

manner; or

(3) The applicant did not otherwise comply with the requirements of

this subpart.

(b) The applicant has a right to a hearing before an administrative

law judge in accordance with parts 4 and 1840 of this title if the

applicant has alleged facts in the application that are sufficient to

show an entitlement to a lease.

going forward and the burden of proof to show, by a preponderance of

the evidence, that a valuable deposit of potassium or any potassium

compound was discovered

[[Page 54138]]

and that the lands are chiefly valuable therefor.

PART 3540--SULPHUR

139. The authority citation for part 3540 is revised to read as

follows:

Authority: 30 U.S.C. 181 et seq.; 30 U.S.C. 351-359; 43 U.S.C.

1701 et seq.; 47 Stat. 1487; 43 U.S.C. 387; 16 U.S.C. 460n et seq.;

16 U.S.C. 460q et seq.; 16 U.S.C. 90c et seq.; 16 U.S.C. 460dd et

seq.; 16 U.S.C. 460mm-2--460mm-4; 31 U.S.C. 9701.

140. Section 3543.4 is revised to read as follows:

Sec. 3543.4 Rejection of application.

(a) BLM will reject an application for a preference right lease if

it determines that:

(1) The applicant did not discover a valuable deposit of sulphur

and/or the lands are not chiefly valuable therefor;

(2) The applicant did not submit requested information in a timely

manner; or

(3) The applicant did not otherwise comply with the requirements of

this subpart.

(b) The applicant has a right to a hearing before an administrative

law judge in accordance with parts 4 and 1840 of this title if the

applicant has alleged facts in the application that are sufficient to

show an entitlement to a lease.

going forward and the burden of proof to show, by a preponderance of

the evidence, that a valuable deposit of sulphur was discovered and

that the lands are chiefly valuable therefor.

PART 3550--``GILSONITE'' (INCLUDING ALL VEIN-TYPE SOLID

HYDROCARBONS)

141. The authority citation for part 3550 is revised to read as

follows:

Authority: 30 U.S.C. 181 et seq.; 30 U.S.C. 351-359; 43 U.S.C.

1701 et seq.; 31 U.S.C. 9701.

142. Section 3551.4 is revised to read as follows:

Sec. 3551.4 Readjustment.

(a) The terms and conditions of a lease are subject to reasonable

readjustment at the end of each 20-year period following the effective

date of the lease unless otherwise provided by law at the time of

expiration of that period. Before the expiration of each 20-year

period, BLM will send proposed readjusted terms and conditions to the

lessee. If BLM fails to send the proposed readjusted terms and

conditions prior to the expiration of the 20-year period, the right to

readjust the lease will have been waived until the expiration of the

next 20-year term.

(b) The lessee is deemed to have agreed to the readjusted terms and

conditions unless, within 60 days after receiving them, the lessee

files a protest of the readjusted terms in accordance with parts 4 and

1840 of this title or relinquishes the lease. BLM will issue a decision

responding to the protest, and if the response is adverse to the

lessee, the lessee may appeal the decision in accordance with parts 4

and 1840 of this title. The effective date of the readjustment will not

be affected by the filing of a protest or an appeal.

terms and conditions will be effective pending a response to the

protest or appeal provided for in paragraph (b) of this section unless

BLM provides otherwise. Upon the filing of a protest or appeal, the

obligation to pay any increased readjusted royalties, minimum royalties

and rentals will be suspended pending the outcome of the protest or

appeal. However, any such increased royalties, minimum royalties and

rentals will accrue during the pendency of the protest or appeal,

commencing with the effective date of the readjustment. If the

increased royalties, minimum royalties and rentals are sustained by the

decision on the protest or appeal, the accrued balance, plus interest

at the rate specified for late payment by the Service will be payable

(See part 3590). Pending the decision on the protest or appeal, the

royalties, minimum royalties and rentals will be payable as specified

by the lease terms and conditions in effect before the end of the 20-

year period.

143. Section 3553.4 is revised to read as follows:

Sec. 3553.4 Rejection of application.

(a) BLM will reject an application for a preference right lease if

it determines that:

(1) The applicant did not discover a valuable deposit of

``Gilsonite'';

(2) The applicant did not submit requested information in a timely

manner; or

(3) The applicant did not otherwise comply with the requirements of

this subpart.

(b) The applicant has a right to a hearing before an administrative

law judge in accordance with parts 4 and 1840 of this title if the

applicant has alleged facts in the application that are sufficient to

show an entitlement to a lease.

going forward and the burden of proof to show, by a preponderance of

the evidence, that a valuable deposit of ``Gilsonite'' was discovered.

PART 3560--HARDROCK MINERALS

144. The authority citation for part 3560 is revised to read as

follows:

Authority: 43 U.S.C. 1701 et seq.; 30 U.S.C. 192c; 16 U.S.C.

508(b); 47 Stat. 1487; 43 U.S.C. 387; 16 U.S.C. 460n et seq.; 16

U.S.C. 460q et seq.; 16 U.S.C. 90c et seq.; 16 U.S.C. 460dd et seq.;

16 U.S.C. 460mm-2--460mm-4; 31 U.S.C. 9701.

145. Section 3563.4 is revised to read as follows:

Sec. 3563.4 Rejection of application.

(a) BLM will reject an application for a preference right lease if

it determines that:

(1) The applicant did not discover a valuable deposit of any

mineral covered by the prospecting permit;

(2) The applicant did not submit requested information in a timely

manner; or

(3) The applicant did not otherwise comply with the requirements of

this subpart.

(b) The applicant has a right to a hearing before an administrative

law judge in accordance with parts 4 and 1840 of this title if the

applicant has alleged facts in the application that are sufficient to

show an entitlement to a lease.

going forward and the burden of proof to show, by a preponderance of

the evidence, that a valuable deposit of the mineral(s) was discovered.

PART 3590--SOLID MINERALS (OTHER THAN COAL) EXPLORATION AND MINING

OPERATIONS

146. The authority citation for part 3590 is revised to read as

follows:

Authority: 30 U.S.C. 181 et seq.; 30 U.S.C. 351-359; 42 U.S.C.

4331 et seq.; 43 U.S.C. 1701 et seq.; 30 U.S.C. 192c; 16 U.S.C.

508(b); 30 U.S.C. 291-293; 47 Stat. 1487; 43 U.S.C. 387; 16 U.S.C.

460n et seq.; 16 U.S.C. 90c et seq.; 16 U.S.C. 460dd et seq.; 16

U.S.C. 460mm-2--460mm-4; 31 U.S.C. 9701; 95 Stat. 1070; 35 Stat.

315; 95 Stat. 1070; 25 U.S.C. 396; 25 U.S.C. 396a-396q; 25 U.S.C.

2101 et seq.

147. In Sec. 3598.4, paragraph (c) is revised to read as follows:

Sec. 3598.4 Enforcement orders.

* * * * *

requirements threatens health, safety, or the environment, BLM may, in

writing or orally with written confirmation, order

[[Page 54139]]

the suspension of operations without prior notice in accordance with

Sec. 1844.11(c) of this title.

148. Section 3598.5 is revised to read as follows:

Sec. 3598.5 Appeals.

Any party adversely affected by an order or decision made under

this part may appeal the order or decision in accordance with parts 4

and 1840 of this title.

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

149. An authority citation for part 3710 is added to read as

follows:

Authority: 30 U.S.C. 601; 61 Stat. 681.

150. Section 3713.1 is revised to read as follows:

Sec. 3713.1 Hearing procedures.

The procedures to be followed for hearings and appeals are set

forth in parts 4 and 1840 of this title.

151. In Sec. 3715.7-1, paragraph (a)(1)(ii) is revised to read as

follows:

Sec. 3715.7-1 What types of enforcement action can BLM take if I do

not meet the requirements of this subpart?

* * * * *

(a) * * *

(1) * * *

(ii) an immediate, temporary suspension in accordance with

1844.11(c) of this title is necessary to protect health, safety, or the

environment.

* * * * *

152. Section 3715.9 is revised to read as follows:

Sec. 3715.9 What appeal rights do I have?

If you are adversely affected by a BLM decision, order, or

determination made under this subpart, you may appeal the decision,

order or determination in accordance with parts 4 and 1840 of this

title.

153. Section 3715.9-1 is revised to read as follows:

Sec. 3715.9-1 Does an appeal suspend a BLM decision?

(a) An immediate, temporary suspension issued under Sec. 3715.7-

1(a) will go into effect immediately and will, in accordance with part

1840 of this title, remain in effect while an appeal is pending unless

a stay is granted in accordance with Sec. 4.21(b) of this title.

(b) The effect of all other decisions, orders, or determinations

under this subpart will be stayed in accordance with part 1840 of this

title.

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

154. The authority citation for part 3730 continues to read as

follows:

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

seq.; 43 U.S.C. 28f-k; 107 Stat. 405.

155. Section 3736.2 is revised to read as follows:

Sec. 3736.2 Hearing; notice of contest.

(a) If a hearing is to be held, notice of the hearing will be

delivered personally or by registered mail or certified mail to the

locator of the placer claim. The notice will give the time and place of

hearing. The procedures to be followed for the hearing are set forth in

parts 4 and 1840 of this title. No publication of the notice will be

required but a copy of the notice must be posted in the BLM State and

District offices for a period of not less than 30 days before the date

set for the hearing.

(b) Any party, other than a Federal agency, who would like to

appear and testify at a hearing in protest of a placer mining

operation, must file a written notice of protest in the proper offices

where the notice of hearing is posted. The notice of protest must be

accompanied by a $10 filing fee and contain the party's name and

address and a statement showing the nature of the party's interest in

the use of the lands embraced within the mining claim. Each notice of

protest must be filed within the period of time specified in the notice

of hearing. BLM will forward a copy of each notice of protest that is

filed to the mining locator prior to the hearing.

decision of the administrative law judge may appeal the decision in

accordance with part 4 of this title. Each decision by an

administrative law judge and each decision on an appeal will provide

for the issuance of an appropriate order as provided in section 2(b) of

the Act after the decision becomes final. A certified copy of any order

issued must be filed in the same State or county office in which the

location notice has been filed. Any order permitting mining operations

must be filed at the expense of the mining locator.

PART 3740--PUBLIC LAW 585; MULTIPLE MINERAL DEVELOPMENT

156. An authority citation for part 3740 is added to read as

follows:

Authority: 30 U.S.C. 521; 68 Stat. 708.

157. Section 3743.1 is revised to read as follows:

Sec. 3743.1 Hearing procedures.

The procedures to be followed for hearings and appeals are set

forth in parts 4 and 1840 of this title.

PART 3800--MINING CLAIMS UNDER THE GENERAL MINING LAWS

158. The authority citation for part 3800 continues 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 and 1907; 30 U.S.C. 22

et seq.; 30 U.S.C. 122, 161 and 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 and 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; 107 Stat. 60; and 30 U.S.C. 28f-k,

107 Stat. 405.

159. Section 3802.5 is revised to read as follows:

Sec. 3802.5 Appeals.

(a) Any party adversely affected by a decision made under this

subpart may appeal the decision in accordance with parts 4 and 1840 of

this title.

(b) In any case involving lands under the jurisdiction of any

agency or office other than BLM, if a party appeals a decision of that

agency or office which relates to mineral development in a wilderness

study area, the appellant must serve the other agency or office with a

copy of the notice of appeal and any statement of reasons, written

arguments, and briefs.

160. Section 3809.4 is revised to read as follows:

Sec. 3809.4 Appeals.

(a) Any party adversely affected by a decision made under this

subpart may appeal the decision in accordance with parts 4 and 1840 of

this title.

(b) In order for an appeal of a decision made under this subpart to

be considered, a notice of appeal must be filed in writing with the BLM

office where the decision was made within 30 days after the date of

receipt of the decision. All decisions under this subpart will go into

effect immediately and will remain in effect while appeals are pending

unless a stay is granted in accordance with Sec. 4.21(b) of this title.

(1) The name and mailing address of the appellant;

(2) When applicable, the name of the mining claim(s) and serial

number(s) assigned to the mining claims recorded in accordance with

subpart 3833 of this title which are subject to the appeal; and

(3) A statement of the reasons for the appeal and any arguments the

appellant wishes to present which would justify reversal or

modification of the decision.

[[Page 54140]]

PART 3810--LANDS AND MINERALS SUBJECT TO LOCATION

161. The citation for the authority for part 3810 continues to read

as follows:

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

162. Section 3816.3 is revised to read as follows:

Sec. 3816.3 Recommendations of Bureau of Reclamation to open lands.

If BLM receives an application and finds it to be satisfactory, BLM

will send the duplicate to the Bureau of Reclamation and request a

report and recommendation. If the Bureau of Reclamation recommends that

the application be rejected, BLM will reject the application. Any party

adversely affected by the rejection decision may appeal the decision in

accordance with parts 4 and 1840 of this title.

PART 3830--LOCATION OF MINING CLAIMS

163. The authority citation for part 3830 continues to read as

follows:

Authority: 30 U.S.C. 22 and 28; 43 U.S.C. 1201; 31 U.S.C. 9701;

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

U.S.C. Appendix 565; 107 Stat. 60; 107 Stat. 405.

164. Section 3833.5 is amended by revising paragraphs (d) and (h)

to read as follows:

Sec. 3833.5 Effect of recording and filing.

* * * * *

(d) In the case of any action or contest initiated by the United

States affecting an unpatented mining claim, mill, or tunnel site, only

those owners who have recorded their claim or site under Sec. 3833.1-2

or filed a notice of transfer of interest under Sec. 3833.3 will be

considered by the United States as parties whose rights are affected by

the action or contest and will be personally notified and served by

certified mail sent to their last address of record. As provided in

subpart 1810 of this title, all owners of record with BLM will be

personally notified and served by certified mail, return receipt

requested, sent to their last address of record. Such owners will be

deemed to have been served if the certified mail was delivered to that

address of record, regardless of whether the certified mail was in fact

received by them. The notice provisions of this subpart are not

applicable to the procedures for public notice of a mineral patent

application required under part 3860 of this title.

* * * * *

(h) Any party adversely affected by a decision of BLM made under

this subpart may appeal the decision in accordance with parts 4 and

1840 of this title.

PART 3870--ADVERSE CLAIMS, PROTESTS AND CONFLICTS

165. An authority citation for part 3870 is added to read as

follows:

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

U.S.C. 1201 et seq.

166. In Sec. 3872.1, the first sentence of paragraph (a) is revised

to read as follows:

Sec. 3872.1 Protest against mineral applications.

(a) At any time prior to the issuance of patent, a protest may be

filed in accordance with parts 4 and 1840 of this title against the

patenting of the claim as applied for, upon any ground tending to show

that the applicant has failed to comply with the law in any matter

essential to a valid entry under the patent proceedings. * * *

167. Section 3872.2 is revised to read as follows:

Sec. 3872.2 Procedure in contest cases.

The procedures to be followed in all contests and hearings to

determine the character of lands are in parts 4 and 1840 of this title.

168. In Sec. 3872.4 paragraph (c) is revised to read as follows:

Sec. 3872.4 Procedure to dispute record character of land.

* * * * *

agricultural it is alleged that the same are mineral, or are applied

for as mineral lands, the proceedings in this class of cases will be in

the nature of a contest, and will be conducted in accordance with parts

4 and 1840 of this title.

PART 4200--GRAZING ADMINISTRATION; ALASKA; LIVESTOCK

169. The authority citation for part 4200 is revised to read as

follows:

Authority: 25 U.S.C. 500k; 43 U.S.C. 1740.

170. Section 4240.1 is revised to read as follows:

Sec. 4240.1 Protests.

Protests against an application for a lease must be filed with the

appropriate BLM office in accordance with parts 4 and 1840 of this

title. A protest must disclose all facts upon which it is based,

describe the lands involved, and be accompanied by evidence of service

of a copy of the protest on the applicant. If the person filing the

protest wants to lease all or part of the land embraced in the

application against which the protest is filed, the protest must be

accompanied by an application for a grazing lease.

PART 4300--GRAZING ADMINISTRATION; ALASKA; REINDEER

171. The authority citation for part 4300 is revised to read as

follows:

Authority: 43 U.S.C. 315; 43 U.S.C. 1740.

172. Section 4330.1 is revised to read as follows:

Sec. 4330.1 Protests.

Protests against an application for a grazing permit must be filed

with the appropriate BLM office in accordance with parts 4 and 1840 of

this title. The protest must disclose all facts upon which it is based,

describe the lands involved, and be accompanied by evidence of service

of a copy of the protest upon the applicant. If the person filing the

protest wants to obtain a grazing permit for all or part of the land

embraced in the application against which the protest is filed, the

protest must be accompanied by an application for a grazing permit.

PART 4700--PROTECTION, MANAGEMENT, AND CONTROL OF WILD FREE-ROAMING

HORSES AND BURROS

173. The authority citation for part 4700 continues to read as

follows:

Authority: 16 U.S.C. 1331-1340; 18 U.S.C. 47; 43 U.S.C. 315 and

1740.

174. Section 4770.3 is revised to read as follows:

Sec. 4770.3 Administrative remedies.

(a) Any party who is adversely affected by a decision of BLM made

under this part may appeal the decision in accordance with parts 4 and

1840 of this title. Appeals and petitions for stay of a decision of BLM

must be filed within 30 days of receipt of the decision by the

adversely affected party.

(b) Notwithstanding the provisions of Sec. 4.21(a) of this title,

BLM may provide that the decision to cancel a private maintenance and

care agreement will be effective upon issuance or on a date established

in the decision so as to allow repossession of wild horses or burros

from adopters to protect the animals' welfare.

BLM may provide that decisions to remove wild horses or burros from

public or private lands in situations where removal is required by

applicable law or is necessary to preserve or maintain a thriving

[[Page 54141]]

ecological balance and multiple use relationship will be effective upon

issuance or on a date established in the decision.

PART 5000--ADMINISTRATION OF FOREST MANAGEMENT DECISIONS

175. The authority citation for part 5000 is revised to read as

follows:

Authority: 43 U.S.C. 1181(a); 30 U.S.C. 601 et seq.; 43 U.S.C.

1740.

176. Section 5003.1 is revised to read as follows:

Sec. 5003.1 Effect of decisions; general.

The filing of an appeal in accordance with parts 4 and 1840 of this

title will not automatically stay the effect of a decision governing or

relating to forest management made under Secs. 5003.2 and 5003.3.

177. Section 5003.3 is revised to read as follows:

Sec. 5003.3 Protests.

(a) Protests of a forest management decision, including advertised

timber sales, must be made in accordance with parts 4 and 1840 of this

title within 15 days of the publication of a notice of decision or

notice of sale in a newspaper of general circulation.

(b) Protests must be filed with BLM and must contain a written

statement of reasons for protesting the decision.

the notice of decision or the notice of sale are not timely filed and

will not be considered.

(d) Upon timely filing of a protest, BLM will reconsider the

decision to be implemented in light of the statement of reasons for the

protest and other pertinent information available to BLM.

(e) At the conclusion of the review, BLM will provide the

protesting party with a copy of the written decision.

(f) Upon denial of a protest filed under paragraph (a) of this

section, BLM may proceed with implementation of the decision.

PART 5470--CONTRACT MODIFICATION--EXTENSION--ASSIGNMENT

178. The authority citation for part 5470 continues to read as

follows:

Authority: 30 U.S.C. 601 et seq., 43 U.S.C. 1181e.

179. Section 5475.7 is amended by revising paragraph (a) to read as

follows:

Sec. 5475.7 Protests and appeals.

(a) Any appeal filed prior to the execution of a buy-out agreement

must be in accordance with the provisions of parts 4 and 1840 of this

title.

PART 5510--FREE USE OF TIMBER

180. The authority citation for part 5510 is revised to read as

follows:

Authority: 61 Stat. 681; 69 Stat. 367; 48 Stat. 1269; 30 Stat.

414; 30 U.S.C. 189 and 601 et seq.; 43 U.S.C. 315, 1201 and 1740;

and 48 U.S.C. 423.

181. In Sec. 5511.1-4, paragraphs (a)(2) and (a)(4) are revised to

read as follows:

Sec. 5511.1-4 Free use of timber upon oil and gas leases.

(a) * * *

(2) Notice of rejection of application; right of appeal. The

applicant will be notified by registered mail if the permit applied for

is not granted. The applicant is allowed 30 days from service of notice

within which to appeal from the decision in accordance with parts 4 and

1840 of this title.

* * * * *

(4) Notice of action on application. The applicant will be notified

by registered mail if the permit applied for is not granted. The

settler or homestead entryman will be notified in a like manner before

the issuance of the permit if protests are filed in accordance with

parts 4 and 1840 of this title against the issuance of the permit.

PART 8370--USE AUTHORIZATIONS

182. The authority citation for part 8370 continues to read as

follows:

Authority: 16 U.S.C. 460l-6a, 16 U.S.C. 670(g-n), 16 U.S.C.

1271-1287, 6 U.S.C. 1241-1249, 43 U.S.C. 1201, 43 U.S.C. 1701 et

seq.

183. Section 8372.6 is revised to read as follows:

Sec. 8372.6 Appeals.

(a) Any party adversely affected by a decision of BLM made under

this part may appeal the decision in accordance with parts 4 and 1840

of this title.

(b) All decisions of BLM made under this part will go into effect

immediately and will remain in effect while appeals are pending unless

a stay is granted in accordance with Sec. 4.21(b) of this title.

PART 9180--CADASTRAL SURVEY

184. The authority citation for part 9180 continues to read as

follows:

Authority: R.S. 2478; 43 U.S.C. 1201; 40 Stat. 965, as amended;

and 43 U.S.C. 773.

185. In Sec. 9185.2-2, paragraph (b) is revised to read as follows:

Sec. 9185.2-2 Lands omitted from original survey.

* * * * *

(b) Form of notice. No particular form of notice is required. The

notice must make it clear, however, that the land covered by the

application is contended to be public land owned by the United States

and subject to survey and administration as such, and that any protest

against the proposed survey should be filed with the appropriate State

Director in accordance with parts 4 and 1840 of this title. It must be

shown what particular surveyed lands opposite the island, or adjoining

the unsurveyed land, are owned by the adjacent land owner on whom the

notice is served.

186. Section 9185.3-3 is revised to read as follows:

Sec. 9185.3-3 Majority of land owners.

A majority of the settlers in each township are required to join in

the application, and the endorsements of the entrymen and owners,

including the State, whose holdings represent the major part of the

area entered or patented must appear, with a description opposite each

name of the lands actually occupied, entered, or owned, and a statement

as to whether the applicant is a settler, entryman, or owner thereof.

If an entryman or owner, including the State, has failed for any reason

to join in the application, evidence of service of notice upon the

entryman or owner is required. Notice must be given for at least 30

days in advance of the filing of the application in order that the

entryman or owner may be afforded ample opportunity to protest in

accordance with parts 4 and 1840 of this title against the granting of

the resurvey.

PART 9230--TRESPASS

187. The authority citation for part 9230 continues to read as

follows:

Authority: R.S. 2478; 43 U.S.C. 1201; 43 U.S.C. 1701 et seq.; 18

U.S.C. 1851-1858.

188. In Sec. 9239.5-3, paragraph (f)(3) is revised to read as

follows:

Sec. 9239.5-3 Coal.

* * * * *

(f) * * *

(3) No penalty under this section may be assessed unless the person

is given notice and an opportunity for a hearing with respect to the

violation in accordance with parts 4 and 1840 of this title.

[FR Doc. 96-26397 Filed 10-16-96; 8:45 am]

BILLING CODE 4310-84-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.