Location, Recording, and Maintenance of Mining Claims or Sites

SUMMARY: The Bureau of Land Management (BLM) is promulgating this rule

to amend regulations on locating, recording, and maintaining mining

claims or sites. In this rule, BLM amends the regulations to respond to

a recent law that continues to require claimants to pay location and

maintenance fees on unpatented mining claims or sites and to provide

annual maintenance fee waivers to small miners until September 30,

2001. BLM collected these fees and provided for waivers under the

existing regulations based on a previous law that expired on September

30, 1998. The new law--

Moves the annual payment and waiver filing deadline from August 31

to September 1 to coincide with the beginning of the assessment year;

Allows time to cure a small miner waiver application defect; and

Allows maintenance fee payment after the payment deadline instead

of forfeiting a claim or site in an incurable waiver.

The interim final rule is necessary to implement and publicize the

changes made by Congress. Elsewhere in this issue of the Federal

Register appears a proposed rule that makes these changes and also

reorganizes and simplifies the regulations on locating and maintaining

mining claims and sites.

DATES: The interim final rule is effective August 27, 1999. If you wish

to comment on the interim final rule, you should submit your comments

by October 26, 1999. In developing a final rule, BLM may not consider

comments postmarked or received in person or by electronic mail after

this date.

ADDRESSES: You may mail comments to Bureau of Land Management,

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

20240. You may also hand-deliver comments to BLM at Room 401, 1620 L

Street, NW, Washington, DC. For information about filing comments

electronically, see the SUPPLEMENTARY INFORMATION section under PUBLIC

COMMENT PROCEDURES and ``Electronic access and filing address.''

FOR FURTHER INFORMATION CONTACT: Roger Haskins in the Solid Minerals

Group at (202) 452-0355 or Ted Hudson in Regulatory Affairs at (202)

452-5042. For assistance in reaching the above contacts, individuals

who use a telecommunications device for the deaf (TDD) may call the

Federal Information Relay Service at 1-(800) 877-8339, 24 hours a day,

7 days a week.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

II. Background

III. Discussion of Interim Final Rule

IV. Procedural Matters

I. Public Comment Procedures

General Comment Procedures

Comments on the interim final rule should be specific, should be

confined to issues pertinent to the proposed rule, and should explain

the reason for any recommended change. Where possible, your comments

should refer to the specific section or paragraph of the interim final

rule that you are addressing. BLM may not necessarily consider or

include in the Administrative Record for the final rule comments that

BLM receives after the close of the comment period (see DATES.) or

comments delivered to an address other than those listed above (see

ADDRESSES.).

BLM will make your comments, including your name and address,

available for public review at the ``L Street'' address listed in

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

Monday through Friday, except Federal holidays). BLM will also post all

comments on its home page (http://www.blm.gov) at the end of the

comment period.

Under certain conditions, BLM can keep your personal information

confidential. You must prominently state your request for

confidentiality at the beginning of your comment. BLM will consider

withholding your name, street address, and other identifying

information on a case-by-case basis to the extent allowed by law. BLM

will make available to the public all submissions from organizations

and businesses and from individuals identifying themselves as

representatives or officials of organizations or businesses.

Electronic Access and Filing Address

You may view an electronic version of this interim final rule at

BLM's Internet home page: www.blm.gov. You may also comment via the

Internet to: WOC[email protected]. Please also include ``Attention: AD31''

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, contact us directly at (202) 452-5030.

Comments on Rule Format

We also welcome your comments on how we could make this interim

final rule easier to understand, including answers to the following

questions:

Are the requirements clearly stated?

Does it contain unclear technical language or jargon?

Does the format aid or reduce its clarity?

Would it be easier to understand if it were divided into

more sections?

Is the description in the ``supplementary information''

section helpful?

Please send format comments to the Office of Regulatory Affairs,

Department of the Interior, Room 7229, 1849 C St., NW, Washington, DC

20240, or e-mail them to E[email protected].

II. Background

We explain the role of BLM in administering the mining law, the

regulatory context for this rule, and the types of claims and sites

that you may locate (legally establish) on public lands, in a related

proposed rule appearing elsewhere in this issue of the Federal

Register.

Since 1992, Congress has passed three short-term laws requiring

claimants to pay various fees when locating, recording, and maintaining

mining claims or sites on public lands. As the collector of the fees,

BLM has implemented each of these laws by amending its regulations.

This rule implements the third of these short-term laws--the Interior

and Related Agencies Appropriation Act for Fiscal Year 1999 (the FY99

Act) (section (e) of Pub. L. 105-277, 112 Stat. 2681-232, 2681-235, 30

U.S.C. 28f-28k), enacted on October 21, 1998. Before that, on August

10, 1993, Congress enacted Pub. L. 103-66, 107 Stat. 405, 30 U.S.C.

28f-k, which required claimants to pay a $25 one-time location fee and

a $100 annual maintenance fee per claim or site, and added qualifiers

for small miner waivers. To implement the 1993 Act, BLM published a

rule amending 43 CFR parts 3730, 3821, 3833, and 3850 on August 30,

1994, at 59 FR 44857. The 1993 Act expired on September 30, 1998. The

FY99 Act renewed and modified somewhat the provisions of the 1993 Act.

Earlier, on October 5, 1992, Congress enacted Pub. L. 102-381, 106

Stat. 1374, 1378-1379, which required claimants to

[[Page 47019]]

pay mining claim rental fees of $100 per claim or site and provided

exemptions for claimants with approved notices or plans of operations

for actual exploration work or mineral production. To implement this

Act, BLM published a rule amending 43 CFR parts 3730, 3821, 3833, and

3850 on July 15, 1993, at 58 FR 38197. The Act expired on September 30,

1994, and was superseded by the 1993 Act.

The successive statutes also changed some of the pertinent

terminology: Rental fees in the 1992 Act became maintenance fees in the

1993 Act, and exemptions became waivers.

III. Discussion of Interim Final Rule

Why the Rule Is Being Published on an Interim Final Basis

BLM is adopting this interim final rule solely to implement the

requirements of the Interior and Related Agencies Appropriation Act for

Fiscal Year 1999 (the FY99 Act), section (e) of Pub. L. 105-277, 112

Stat. 2681-232, 2681-235, 30 U.S.C. 28f-28k, enacted by Congress on

October 21, 1998. We are not making any other changes in this rule.

The Department of the Interior for good cause finds under 5 U.S.C.

553(b)(3)(B) that notice and public procedure for this rule are

unnecessary and that this rule may properly take effect upon

publication. The reasons are as follows:

This rule merely codifies procedural changes required by

Congress;

There is insufficient time for a public comment period and

preparation of a final rule before the time when the procedural

requirements must be in place. This rule affects payments that are due

to BLM by September 1, 1999.

Publishing the regulations in final form gives the public

extra time to get accustomed to the new procedures and deadlines before

their implementation on September 1, 1999.

On this same date, we are publishing a proposed rule with

a 60-day comment period reorganizing the mining law regulations

relating to location and maintenance of mining claims. That proposed

rule also includes the same regulatory changes included here. If

comments on the proposed rule reveal the need for changes in the

regulation text, we will make the changes when finalizing the proposed

rule.

Nevertheless, this interim final rule also includes opportunity for

public comment. Comments raising urgent concerns about this rule may

cause us to make changes in a separate final rule before the more

comprehensive rulemaking effort also initiated today is completed.

We also determine under 5 U.S.C. 553(d) that there is good cause to

place the rule into effect on the date of publication. First, the

matters addressed in the rule are required by statute. Second, the

payments this rule affects are due to BLM by September 1, 1999.

Therefore, the public needs certainty in advance of that date to make

its payments properly.

Changes Made by the FY99 Act in BLM's Current Requirements

The FY99 Act does not change the requirements for all claimants to

pay a one-time $25 location fee and a $100 annual maintenance fee, or

the provision for small miner and other waivers. BLM had collected

these fees and waivers under the Interior and Related Agencies

Appropriations Act for Fiscal Year 1994 (Pub. L. 103-66; 107 Stat.

405), which expired on September 30, 1998. The FY99 Act extends BLM's

authority from October 1, 1998, to September 30, 2001. This rule

reflects this extension.

The Act makes two important changes. First, it moves the annual

payment deadline from August 31 to September 1, which is the first day

of the assessment year.

Second, the FY99 Act gives claimants more time to cure defective

small miner waiver applications. Under existing BLM practice, if you,

as a claimant, filed a waiver application on time but received

notification that the waiver was defective, you had 30 days after the

notification date to cure the defect, if it was curable. You also had

the option of paying the maintenance fee instead of curing the defect

as long as the payment deadline had not passed. If the payment deadline

had passed and you failed to cure the defect within 30 days, you

forfeited the claims or sites. Since waiver applications and

maintenance fees are both due on the same date, claimants rarely had

the option of paying the maintenance fee instead of curing the defect.

Therefore, if the defect was incurable, you generally forfeited the

claims or sites.

Under the FY99 Act, you have 60 days instead of 30 days after

receiving written notification from BLM to cure a defective small miner

waiver application. The FY99 Act also gives you the option to pay the

maintenance fee instead of curing the defect during this 60-day period,

regardless of whether the payment deadline has passed.

Organization of the Interim Final Rule

This interim final rule amends the existing regulations. It

contains only the specific amendments required by the FY99 Act. Except

for new Sec. 3833.4-1, which includes the new provision on curing

defects in waiver requests, all of the amendments appear as line-by-

line edits. While this presentation may be somewhat harder to follow,

especially if you do not have a current Code of Federal Regulations

containing the existing regulations being amended, we have chosen this

method to make it clear that we are not making changes beyond those

called for by Congress in the FY99 Act.

The only changes we have made in these line-by-line edits are--

Changes in citations and authorities to reflect the new

statute;

Changes in filing deadlines from August 31 to September 1;

and

Changes in the expiration date of the regulations from

1998 to 2001.

In new Sec. 3833.4-1 you will find the only new provisions required by

the FY99 Act. The FY99 Act gives you 60 days instead of 30 days to cure

defective small miner waiver applications if BLM receives them by the

payment deadline. The FY99 Act also gives you the same 60 days to pay

the maintenance fee if the defective small miner waiver application is

incurable. Section 3833.4-1 is added to implement these changes.

V. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

In accordance with the criteria in Executive Order 12866, BLM has

determined that this rule is not a significant regulatory action. The

Office of Management and Budget (OMB) makes the final determination

under Executive Order 12866.

The rule will not have an annual effect on the economy of

$100 million or more or adversely affect in a material way the economy,

a sector of the economy, productivity, competition, jobs, the

environment, public health or safety, or State, local, or tribal

governments or communities. These changes do not significantly change

the substance of current mining claim administration within BLM. The

annual revenue received from the collection of the congressionally

mandated oil shale, maintenance, and location fees has averaged $32

million since August of 1993. This rule will not change the fee amounts

and thus will not have a significant impact on fees collected.

This rule will not create inconsistencies with other

agencies'

[[Page 47020]]

actions. It does not change the relationships of BLM to other agencies

and their actions.

This rule will not materially affect entitlements, grants,

loan programs, or the rights and obligations of their recipients. The

rule does not address any of these programs.

This rule will not raise novel legal or policy issues

because it makes no major substantive changes in the regulations. The

Constitutionality of the rental and maintenance fees has been

challenged in the Federal Courts. The Courts have consistently upheld

the 1992 and 1993 Acts and their implementing regulations.

Regulatory Flexibility Act

We certify that this rule will not have a significant economic

effect on a substantial number of small entities as defined under the

Regulatory Flexibility Act (5 U.S.C. 601 et seq.) The rule will not

have an impact because the fees paid by small entities will not change.

Deadlines for paying them and complying with other regulatory

requirements are relaxed somewhat. A final Regulatory Flexibility

Analysis is not required, and a Small Entity Compliance Guide is not

required.

For the purposes of this section a ``small entity'' is an

individual, limited partnership, or small company, at ``arm's length''

from the control of any parent companies, with fewer than 500 employees

or less than $5 million in revenue. This definition accords with Small

Business Administration regulations at 13 CFR 121.201.

Small Business Regulatory Enforcement Fairness Act

This rule is not a major rule under 5 U.S.C. 804(2), the Small

Business Regulatory Enforcement Fairness Act. This rule:

Does not have an annual effect on the economy of $100

million or more. As explained in section 1 above, the revised

regulations will not materially alter current BLM policy or the fees

paid by mining claimants.

Will not cause a major increase in costs or prices for

consumers, individual industries, Federal, State, or local government

agencies, or geographic regions. The changes implemented by this rule

are likely to leave all other economic aspects of BLM unaffected.

Does not have significant adverse effects on competition,

employment, investment, productivity, innovation, or the ability of

U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501

et seq.):

This rule will not ``significantly or uniquely'' affect

small governments. A Small Government Agency Plan is unnecessary.

This rule will not produce a Federal mandate of $100

million or greater in any year. It is not a ``significant regulatory

action'' under the Unfunded Mandates Reform Act. The changes

implemented in this rule do not require anything of any non-Federal

governmental entity.

Executive Order 12630, Takings

In accordance with Executive Order 12630, the rule does not have

takings implications. A takings implication assessment is not required.

This rule does not substantially change BLM policy. Nothing in this

rule constitutes a taking. The Federal Courts have heard a number of

suits challenging the imposition of the rental and maintenance fees as

a taking of a right, or, alternatively, as an unconstitutional tax. The

Courts have upheld the 1992 and 1993 Acts and the BLM rules as a proper

exercise of Congressional and Executive authorities.

Executive Order 12612, Federalism

In accordance with Executive Order 12612, BLM finds that the rule

does not have significant Federalism effects. A Federalism assessment

is not required. This rule does not change the role or responsibilities

between Federal, State, and local governmental entities, nor does it

relate to the structure and role of States or have direct, substantive,

or significant effects on States.

Executive Order 12988, Civil Justice Reform

In accordance with Executive Order 12988, BLM finds that the rule

does not unduly burden the judicial system and therefore meets the

requirements of sections 3(a) and 3(b)(2) of the Order. BLM consulted

with the Department of the Interior's Office of the Solicitor

throughout the drafting process.

Paperwork Reduction Act

The Office of Management and Budget has approved the information

collection requirements in the interim final rule under the Paperwork

Reduction Act of 1995, 44 U.S.C. 3501 et seq., and has assigned

clearance number 1004-0114.

This rule does not require a new information collection approval

under the Paperwork Reduction Act. However, the existing OMB approval

of the information collection under ICB 1004-0114 expires in September

1999. Therefore, BLM is applying for renewal of the approval at this

time, using a proposed rule published elsewhere in this issue of the

Federal Register as an opportunity to notify the public.

National Environmental Policy Act

We have analyzed this rule in accordance with the criteria of the

National Environmental Policy Act and 318 DM 2.2(g) and 6.3(D). Since

no substantial changes are proposed, this rule does not constitute a

major Federal action significantly affecting the quality of the human

environment.

Because this rule does not substantially change BLM's overall

management objectives or environmental compliance requirements, it

would have no impact on, or only marginally affect, the following

critical elements of the human environment as defined in Appendix 5 of

the BLM National Environmental Policy Act Handbook (H-1790-1): Air

quality, areas of critical environmental concern, cultural resources,

Native American religious concerns, threatened or endangered species,

hazardous or solid waste, water quality, prime and unique farmlands,

wetlands, riparian zones, wild and scenic rivers, environmental

justice, and wilderness.

Government-to-Government Relationship With Tribes

In accordance with the President's memorandum of April 29, 1994,

``Government-to-Government Relations with Native American Tribal

Governments'' (59 FR 22951) and 512 DM 2, we have considered the impact

of this rule on the interests of Tribal governments. Because this rule

does not specifically involve Indian reservation lands, government-to-

government relationships will remain unaffected.

The principal author of this interim final rule is Ted Hudson in

the Regulatory Affairs Group, assisted by Roger Haskins in the Solid

Minerals Group, Washington Office, BLM.

List of Subjects

43 CFR Part 3730

Administrative practice and procedure; Mines; Public lands-mineral

resources; Reporting and record keeping requirements; Surety bonds.

43 CFR Part 3820

Mines; Monuments and memorials; National forests; National parks;

Public lands-mineral resources; Reporting and record keeping

requirements; Surety bonds; Wilderness areas.

[[Page 47021]]

43 CFR Part 3830

Maintenance fees; Mines; Public lands--mineral resources; Reporting

and record keeping requirements.

43 CFR Part 3850

Mines; Public lands-mineral resources.

For the reasons stated in the preamble, and under the authority of

section (e) of the Act of October 21, 1998 (P.L. 105-277; 112 Stat.

2681-232, 2681-235); sections 441 and 2478 of the Revised Statutes, as

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

Statutes, as amended (30 U.S.C. 22); sections 310 and 314 of the

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

1740 and 1744); and the Act of April 16, 1993 (43 U.S.C. 299(b)); parts

3730, 3810, 3820, 3830, 3840, and 3850, Groups 3700 and 3800,

Subchapter C, Chapter II of Title 43 of the Code of Federal Regulations

are amended on an interim basis as follows:

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

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

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

seq.; 30 U.S.C. 28f-28k, as amended.

2. Amend section 3730.0-9 by revising the last sentence of

paragraph (a) to read as follows:

Sec. 3730.0-9 Information collection.

(a) * * * A response is required to obtain a benefit in accordance

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

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

1744), and 30 U.S.C. 28f-28k, as amended by the Act of October 21, 1998

(112 Stat. 2681-232, 2682-235).

* * * * *

PART 3820--AREAS SUBJECT TO SPECIAL MINING LAWS

3. The authority citation for part 3820 continues to read as

follows:

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

Subpart 3821--O and C Lands

4. Revise section 3821.0-3 to read as follows:

Sec. 3821.0-3 Authority.

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

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

and Management Act of 1976 (43 U.S.C. 1744); and 30 U.S.C. 28f-28k, as

amended by the Act of October 21, 1998 (112 Stat. 2681-232, 2681-235).

PART 3830--LOCATION OF MINING CLAIMS

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

follows:

Authority: 30 U.S.C. 22, 28, and 28f-k; 43 U.S.C. 299 and 1201;

31 U.S.C. 9701; 16 U.S.C. 1901, 1907; 43 U.S.C. 1740 and 1744; 30

U.S.C. 242; 50 U.S.C. Appendix 565; 112 Stat. 2861-235.

Sec. 3833.0-3 [Amended]

6. Amend Sec. 3833.0-3 as follows:

a. Remove from the first sentence of paragraph (a) the phrase ``the

Act of August 10, 1993 (30 U.S.C. 28f-k, 107 Stat. 405),'' and add in

its place the phrase ``30 U.S.C. 28f-k, as amended by the Act of

October 21, 1988 (112 Stat. 2681-235),''

b. Remove from the first sentence of paragraph (e) the phrase

``Sections 10101-10106 of the Act of August 10, 1993 (Pub. L. 103-66,

107 Stat. 405) require'', and add in its place the phrase ``The Act of

October 21, 1998 (112 Stat. 2681-232, 2681-235, 30 U.S.C. 28f-28k)

requires'; and

c. Remove from the third sentence of paragraph (e) the phrase ``the

Act of August 10, 1993,'' and add in its place the phrase ``30 U.S.C.

28f.''

Sec. 3833.0-5 [Amended]

7. Amend Sec. 3833.0-5 as follows:

a. Remove from the second sentence of paragraph (o) the phrases

``December 30, 1999,'' and ``the Act of August 10, 1993,'' and add in

their places, respectively, the phrases ``December 30, 2002,'' and

``the Act of October 21, 1998,''

b. Remove from the first sentence of paragraph (v) the phrase ``the

Act of August 10, 1993 (Pub. L. 103-66, 107 Stat. 312)'' and add in its

place the phrase ``30 U.S.C. 28f, as amended by the Act of October 21,

1998 (112 Stat. 2681-235)'';

c. Remove from the second sentence of paragraph (v) the phrase

``September 29, 1998'' and add in its place the phrase ``September 29,

2001'';

d. Remove from the first sentence of paragraph (w) the phrases

``the Act of August 10, 1993,'' and ``September 30, 1998'', and add in

their places, respectively, the phrases ``30 U.S.C. 28g, as amended by

the Act of October 21, 1998,'' and ``September 30, 2001''; and

e. Remove from the first sentence of paragraph (y) the phrase ``the

Act of August 10, 1993,'' and add in its place the phrase ``30 U.S.C.

28g, as amended by the Act of October 21, 1998.''

Sec. 3833.0-9 [Amended]

8. Amend Sec. 3833.0-9 by removing from the last sentence of

paragraph (a) the phrase ``the Act of April 16, 1993 (Public Law 103-

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

30 U.S.C. 28f-k, 107 Stat. 405)'' and adding in its place the phrase

``43 U.S.C. 299, and 30 U.S.C. 28f-k, as amended by the Act of October

21, 1998 (112 Stat. 2681-235).''

Sec. 3833.1-3 [Amended]

9. Amend Sec. 3833.1-3 by removing from each place it appears in

paragraph (c)(2) the phrase ``August 31'' and adding in its place the

phrase ``September 1.''

Sec. 3833.1-4 [Amended]

10. Amend Sec. 3833.1-4 by removing from paragraph (b) the phrase

``September 30, 1998'' and adding in its place the phrase ``September

30, 2001.''

11. Amend Sec. 3833.1-5 as follows:

a. Remove from the last sentence of the introductory text the

phrases ``the Act of August 10, 1993,'' and ``September 1, 1999'' and

add in their places, respectively, the phrases ``30 U.S.C. 28f'' and

``September 1, 2002,''

b. Remove from each place it appears in paragraph (a)(1) the

phrases ``an August 31'' and ``August 31,'' and add in place thereof

the phrase ``September 1,''

c. Remove from the first sentence of paragraph (b) the phrases

``the Act of August 10, 1993'' and ``August 31'' and add in their

places, respectively, the phrases ``30 U.S.C. 28f'' and ``September

1'';

d. Revise the second sentence of paragraph (b) to read as set forth

below; and

e. Remove from paragraph (e) the phrase ``December 31'' and add in

its place the phrase ``December 30.''

Sec. 3833.1-5 Maintenance Fees.

* * * * *

(b) * * * The payments are due on each September 1 through

September 1, 2001. * * *

12. Amend Sec. 3833.1-6 as follows:

Sec. 3833.1-6 [Amended]

a. Remove from the section heading the phrase ``Act of August 10,

1993'' and add in its place the phrase ``30 U.S.C. 28f'', and remove

from the section heading the phrase ``'applicable from 12 o'clock noon

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

b. Remove from the first sentence of paragraph (a)(1) the phrase

``August 31'' and add in its place the phrase ``September 1'';

[[Page 47022]]

c. Remove from the second sentence of paragraph (b) the phrase

``August 31'' and add in its place the phrase ``September 1'';

d. Remove from paragraph (d)(2) the phrase ``August 31 immediately

preceding'' and add in its place the phrase ``September 1 at the

beginning of''; and

e. Remove from the third sentence of paragraph (e) the phrase

``August 31'' and add in its place the phrase ``September 1.''

Sec. 3833.1-7 [Amended]

13. Amend Sec. 3833.1-7 as follows:

a. In paragraph (d) remove the first sentence, and remove from the

second sentence the phrases ``August 31'' and ``August 31, 1998'', and

add in their places, respectively, the phrases ``September 1'' and

``September 1, 2002'', and remove the word ``thereafter''; and

b. In paragraph (d)(3) remove the phrase ``August 31'' and add in

its place the phrase ``September 1.''

Sec. 3833.2-3 [Amended]

14. Amend Sec. 3833.2-3 as follows:

a. Remove from the section heading the phrase ``the Act of August

10, 1993'' and add in its place ``the Act of October 21, 1998'';

b. Remove from paragraph (d) the phrases ``Act of August 10,

1993,'' ``September 1, 1999,'' and ``December 30, 2000,'' and add in

their places, respectively, the phrases ``30 U.S.C. 28f,'' ``September

1, 2002,'' and ``December 30, 2003''; and

c. Remove from paragraph (e) the phrases ``September 1, 1998,''

``September 29, 1998,'' and ``September 1, 1999'', and add in their

places, respectively, the phrases ``September 1, 2001,'' ``September

29, 2001,'' and ``September 1, 2002.''

Sec. 3833.4 [Amended]

15. Amend Sec. 3833.4 by removing from paragraph (a)(1) the phrase

``August 31'' and add in its place the phrase ``September 1.''

16. Add Sec. 3833.4-1 to read as follows:

Sec. 3833.4-1 Curing defective waivers.

(a) If BLM finds a defect in a waiver request, BLM will send a

notice to the claimant by certified mail--return receipt requested, to

the address given on the waiver request.

(b) The claimant must cure the defective waiver or pay the annual

maintenance fees within 60 days of receiving BLM notification of the

defects. Otherwise the claims covered by the defective waiver are

forfeited.

PART 3850--ASSESSMENT WORK

17. The authority citation for part 3850 continues to read as

follows:

Authority: 30 U.S.C. 22 et seq.; 30 U.S.C. 28-28k; 50 U.S.C.

Appendix 565; 107 Stat. 405.

Subpart 3851--Assessment Work: General

17. Amend Sec. 3851.3 by removing from the first sentence of

paragraph (c) the phrase ``Act of August 10, 1993'' and add in its

place the phrase ``30 U.S.C. 28f.''

Dated: July 26, 1999.

Sylvia V. Baca,

Acting Assistant Secretary of the Interior.

[FR Doc. 99-21910 Filed 8-25-99; 8:45 am]

BILLING CODE 4310-84-P