Application Procedures

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 1820

[WO-350-1430-00-24 1A]

RIN 1004-AC83

Application Procedures

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rule.

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SUMMARY: The Bureau of Land Management (BLM) is issuing final

regulations that revise general application procedures by streamlining,

modernizing, and clarifying existing provisions and removing obsolete

and unnecessary requirements. The final rule describes how to file

applications or other documents with BLM; provides guidance on how BLM

determines priority for applications filed simultaneously; and spells

out procedures for payments and refunds and requirements for

publication and posting of notices.

EFFECTIVE DATE: November 1, 1999.

ADDRESSES: You may send inquiries or suggestions to: Director (630),

Bureau of Land Management, 1849 C Street, NW., Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Mary Linda Ponticelli, Telephone:

(202) 452-0364 (Commercial or FTS).

SUPPLEMENTARY INFORMATION:

I. Background

II. Final Rule as Adopted

III. Responses to Comments

IV. Procedural Matters

I. Background

The existing regulations at 43 CFR part 1820 address general

procedures applicable to all BLM land use authorizations. These general

procedural regulations serve important

[[Page 53214]]

functions such as informing members of the public of proposed BLM

actions or decisions through publication and posting of notices. The

1820 regulations are an important complement to BLM's detailed

application procedures for specific programs. When there is a conflict

between the general and specific program regulations, the latter

governs.

The final rule published today is a stage of the rulemaking process

that will result in the revision of the regulations at 43 CFR part

1820. This rule was preceded by a proposed rule that was published in

the October 1, 1997, Federal Register (62 FR 51402). The proposal was

intended to reduce the regulatory burden imposed on the public;

streamline, modernize and clarify existing provisions; and remove

obsolete and unnecessary requirements. We took this action to ensure

consistency in processing documents and uniformity in the treatment of

BLM's customers.

BLM invited public comments for 60 days and received comments from

two sources: one from a law firm, who supported the proposal with

suggested changes, and one from a private citizen, who opposed the

proposal. We also received technical, internal agency comments.

II. Final Rule as Adopted

The final rule is adopted with changes to the proposed rule as

discussed in the Responses to Comments section. In summary, the final

rule contains general information on how to file documents with BLM,

such as applications for various BLM resource programs. It also

provides guidance on how BLM determines ``first in line'' priority for

applications filed simultaneously; allows applications that do not

require an original signature to be filed electronically; authorizes

BLM to accept payments by Visa and Master Card in addition to more

traditionally accepted forms of payment; permits an application

relating to lands in more than one land district to be filed with any

BLM State Office having jurisdiction over the lands rather than the

existing procedure which requires an application to be filed in each

office having jurisdiction over the lands; and describes requirements

for posting and publication of notices.

The final rule removes regulatory provisions on specific BLM

resource programs, such as Sec. 1821.5-3 (mining claims), since these

provisions are addressed in program-specific regulations found in other

parts and subparts of title 43. In addition, the rule removes subpart

1823 (Proofs and Testimony) and subpart 1826 (Reinstatement of

Cancelled Entries), because their applicability is now limited to

desert land entries, and pertinent provisions are addressed in part

2520 of this title (Desert Land Entries). Further, we have removed many

procedural requirements that are no longer applicable in Secs. 1821.6,

concerning time constraints for applications filed in BLM offices in

Alaska, and 1822.3, concerning homestead requirements.

III. Responses to Comments

In preparing the final rule, BLM carefully considered all comments

received during the 60-day public comment period on the proposed rule

to revise 43 CFR part 1820. A discussion of those comments follows:

Comments Incorporated into the Final Rule--

1. Comment: Existing Sec. 1821.2-2(g)(1) allows the authorized

officer to consider a late filing except where, among other criteria,

the law does not permit him to do so. Proposed Sec. 1822.15(a), which

restates existing Sec. 1821.2-2(g)(1) in plain language, allows BLM to

consider a document timely filed if the law permits BLM to do so. The

commenter suggests retaining the language in the existing section

because the proposed section could be interpreted as requiring specific

authorization in the law for BLM to consider a late filing.

Response: To avoid any misinterpretation and confusion that could

result from this slight variation in language, we have adopted the

commenter's suggestion and reworded Sec. 1822.15(a) to state that BLM

can consider a document timely filed if the law does not prohibit it.

2. Comment: Existing Sec. 1821.2-2(c) allows BLM to consider a late

filing if doing so would not unduly interfere with the orderly conduct

of business. Proposed Sec. 1822.15(c) has the same provision except

that the word ``unduly'' was dropped. The commenter recommends that the

word ``unduly'' be inserted in the proposed section so that there will

be no substantive change in policy.

Response: We have adopted the commenter's recommendation and added

the word ``unduly'' to Sec. 1822.15(c).

3. We have made several technical changes to the proposed

regulation in response to internal comments:

(a) Deleted the word ``national'' in Sec. 1821.10(a).

(b) Changed the words ``five specialty centers'' in Sec. 1821.10(a)

to read ``seven national level support and service centers''.

(c) Changed the words ``District Offices and Resource Area

Offices'' in Sec. 1821.10(a) to read ``Field Offices''.

(d) Changed the words ``District and Resource Area Offices'' in

Sec. 1821.10(b) to read ``Field Offices''.

(e) Added a new sentence to Sec. 1821.12 ``You should consult the

regulations applying to the specific program.''

(f) Added a new question ``Sec. 1821.13 What if the specific

program regulations conflict with these regulations?''

(g) Added a requirement to Sec. 1822.10 for an applicant to provide

his/her current address. Deleted the word ``full'' and replaced with

``legal'' in Sec. 1822.10.

(h) Deleted the words ``(such as a State Office or District

Office)'' in Sec. 1822.12. Deleted the words ``you should'' and added

``and we will tell you which BLM office to file your application.'' to

the last sentence.

(i) Deleted the word ``personal'' in the second sentence. Added a

new sentence ``When you file an application electronically, it will not

be considered filed until BLM receives it.'' in Sec. 1822.13.

(j) Changed the words ``same time'' in Sec. 1822.17(a) to read

``same day and time''.

(k) Changed (b) to read ``No other BLM regulation prohibits doing

so; and'' in Sec. 1822.15. Revised (c) to read ``No intervening third

party interests or rights have been created or established during the

intervening period.'' in Sec. 1822.15.

(l) Deleted the last sentence in Sec. 1823.10.

(m) Added the word ``a'' in the question in Sec. 1823.11.

(n) Added the words ``sufficient'' and ``your'' in the first

sentence in Sec. 1823.13.

(o) Changed the word ``occurrence'' to read ``event'' in

Sec. 1824.10. Changed the word ``causing'' to ``requiring'' in

Sec. 1824.10. Rearranged and renumbered Secs. 1824.11-1824.13 as

Secs. 1824.15-1824.17 and Secs. 1824.14-1824.17 as 1824.11-1824.14 so

that all posting and publication questions will be aligned.

(p) Changed the words ``public lands involved'' in Sec. 1824.14 to

read ``public and private lands involved''.

(q) Changed the word ``valid'' to read ``relevant'' in

Sec. 1824.16.

(r) Added the words ``any'' and ``that apply,'' to the first

sentence in Sec. 1825.10.

(s) Changed the word ``does'' to ``may'' in the first sentence in

Sec. 1825.12 since relinquishments of rights-of-way or permits would

not affect availability of the land for another application.

[[Page 53215]]

Comments Not Incorporated into the Final Rule--

4. Comment: BLM was incorrect in requiring public comments to be

``received by December 1, 1997'' rather than ``postmarked by December

1, 1997.'' This deadline, in effect, shortens the time frame for

submission of various documents, such as the requirements in

Secs. 1822.14, 1822.17, and 1825.11.

Response: We disagree. The deadline for receipt of comments stands;

there is no linkage of that deadline to other deadlines in the

regulation. Moreover, BLM is authorized to establish the due date for

comments on its regulations, and publication of that date gives

everyone the same opportunity to respond timely. It has been our

experience that the various deadlines in the regulation are reasonable

and fair to potential applicants.

5. Comment: Section 1825.10 implies that the last claimant is

completely responsible for all reclamation and unpaid rental fees in

relinquishments of public lands.

Response: It appears that the commenter has misinterpreted

Sec. 1825.10. We do not believe any change to the proposed rule is

warranted as the section is clear in stating that a claimant who

relinquishes his/her interest in public lands is only responsible for

fulfilling obligations that accrued before the time of relinquishment.

IV. Procedural Matters

National Environmental Policy Act of 1969

BLM has prepared an environmental assessment (EA) and has found

that the final rule would not constitute a major Federal action

significantly affecting the quality of the human environment under

section 102(2)(C) of the National Environmental Policy Act of 1969

(NEPA), 42 U.S.C. 4332(2)(C). BLM has placed the EA and the Finding of

No Significant Impact (FONSI) on file in the BLM Administrative Record,

1621 L Street, NW, Room 401, Washington, DC, during regular business

hours, 8 a.m. to 4:30 p.m., Monday through Friday.

Paperwork Reduction Act

This final rule does not contain information collection

requirements that the Office of Management and Budget must approve

under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Regulatory Flexibility Act

BLM has determined that the final rule, which makes non-substantive

changes to the regulations, will not have a significant economic impact

on a substantial number of small entities within the meaning of the

Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

Unfunded Mandates Reform Act

This final rule does not include any Federal mandate that may

result in increased expenditures of $100 million in any one year by

State, local, or tribal governments, or by the private sector.

Therefore, a section 202 statement under the Unfunded Mandates Reform

Act is not required.

Executive Order 12612

BLM has analyzed this final rule under the principles and criteria

in Executive Order 12612 and has determined that the rule does not have

sufficient federalism implications to warrant the preparation of a

Federalism Assessment.

Executive Order 12630

This final rule does not represent a government action that

interferes with constitutionally protected property rights. Thus, a

Takings Implication Assessment need not be prepared under Executive

Order 12630, ``Government Action and Interference with Constitutionally

Protected Property Rights.''

Executive Order 12866

This final rule does not meet the criteria for a significant rule

requiring review by the Office of Management and Budget under Executive

Order 12866, Regulatory Planning and Review.

Executive Order 12988

The Department has determined that this final rule meets the

applicable standards provided in sections 3(a) and 3(b)(2) of Executive

Order 12988, Civil Justice Reform.

Report to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, BLM submitted a report

containing this rule and other required information to the U.S. Senate,

U.S. House of Representatives, and the Comptroller General of the

General Accounting Office before publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

Author

The principal author of this final rule is Mary Linda Ponticelli,

assisted by Shirlean Beshir, Regulatory Affairs Group.

List of Subjects in 43 CFR Part 1820

Administrative practice and procedure; Archives and records; Public

lands.

Dated: September 27, 1999.

Sylvia V. Baca,

Assistant Secretary, Land and Minerals Management.

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

43 U.S.C. 1740, part 1820 of Title 43 of the Code of Federal

Regulations is revised to read as follows:

PART 1820--APPLICATION PROCEDURES

Subpart 1821--General Information

Sec.

1821.10 Where are BLM offices located?

1821.11 During what hours may I file an application?

1821.12 Are these the only regulations that will apply to my

application or other required document?

1821.13 What if the specific program regulations conflict with

these regulations?

Subpart 1822--Filing a Document with BLM

1822.10 How should my name appear on applications and other

required documents that I submit to BLM?

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

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

1822.13 May I file electronically?

1822.14 What if I try to file a required document on the last day

of the stated period for filing, but the BLM office where it is to

be filed is officially closed all day?

1822.15 If I miss filing a required document or payment within the

specified period, can BLM consider it timely filed anyway?

1822.16 Where do I file an application that involves lands under

the jurisdiction of more than one BLM State Office?

1822.17 When are documents considered filed simultaneously?

1822.18 How does BLM decide in which order to accept documents that

are simultaneously filed?

Subpart 1823--Payments and Refunds

1823.10 How may I make my payments to BLM?

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

payment?

1823.12 When and how may I obtain a refund?

1823.13 Is additional documentation needed when a third party

requests a refund?

Subpart 1824--Publication and Posting Notices

1824.10 What is a publication?

1824.11 How does BLM choose a newspaper in which to publish a

notice?

1824.12 How many times must BLM publish a notice?

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1824.13 Who pays for publication?

1824.14 Does the claimant or applicant pay for an error by the

printer of the paper in which the notice appears?

1824.15 What does it mean to post a notice?

1824.16 Why must I post a notice?

1824.17 If I must post a notice on the land, what are the

requirements?

Subpart 1825--Relinquishments

1825.10 If I relinquish my interest (such as a claim or lease) in

public land, am I relieved of all further responsibility associated

with that interest?

1825.11 When are relinquishments effective?

1825.12 When does relinquished land become available again for

other application or appropriation?

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

Subpart 1821--General Information

Sec. 1821.10 Where are BLM offices located?

(a) In addition to the Headquarters Office in Washington, D.C. and

seven national level support and service centers, BLM operates 12 State

Offices, each having several subsidiary offices called Field Offices.

The addresses of the State Offices and their respective geographical

areas of jurisdiction are as follows:

State Offices and Areas of Jurisdiction:

Alaska State Office, 222 West 7th Avenue, #13, Anchorage, AK 99513-

7599--Alaska

Arizona State Office, 222 North Central Avenue, Suite 101, Phoenix,

AZ 85004-2203--Arizona

California State Office, 2135 Butano Drive, Sacramento, CA 95825-

0451--California

Colorado State Office, 2850 Youngfield Street, Lakewood, CO 80215-

7076--Colorado

Eastern States Office, 7450 Boston Boulevard, Springfield, VA

22153--Arkansas, Iowa, Louisiana, Minnesota, Missouri, and all

States east of the Mississippi River

Idaho State Office, 1387 South Vinnell Way, Boise, ID 83709--Idaho

Montana State Office, Granite Tower, 222 North 32nd Street,

Billings, MT 59107-6800; Mail: P.O. Box 36800, Billings, MT 59107-

6800--Montana, North Dakota and South Dakota

Nevada State Office, 1340 Financial Boulevard, Reno, NV 89520-0006--

Nevada

New Mexico State Office, 1474 Rodeo Drive, Santa Fe, NM 87502-0115;

Mail: P.O. Box 27115, Santa Fe, NM 87502-0115--Kansas, New Mexico,

Oklahoma and Texas

Oregon State Office, 1515 S.W. 5th Avenue, P.O. Box 2965, Portland,

OR 97208--Oregon and Washington

Utah State Office, CFS Financial Center, 324 South State Street,

Salt Lake City, UT 84145-0155 Mail: P.O. Box 45155, Salt Lake City,

UT 84145-0155--Utah

Wyoming State Office, 5353 Yellowstone Road, Cheyenne, WY 82003;

Mail: P.O. Box 1828, Cheyenne, WY 82003--Wyoming and Nebraska

(b) A list of the names, addresses, and geographical areas of

jurisdiction of all Field Offices of the Bureau of Land Management can

be obtained at the above addresses or any office of the Bureau of Land

Management, including the Washington Office, Bureau of Land Management,

1849 C Street, NW, Washington, DC 20240.

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

You may file applications or other documents or inspect official

records during BLM office hours. Each BLM office will prominently

display a notice of the hours during which that particular office will

be open. Except for offices which are open periodically, for example,

every Wednesday or the 3rd Wednesday of the month, all offices will be

open Monday through Friday, excluding Federal holidays, at least from 9

a.m. to 3 p.m., local time.

Sec. 1821.12 Are these the only regulations that will apply to my

application or other required document?

No. These general regulations are supplemented by specific program

regulations. You should consult the regulations applying to the

specific program.

Sec. 1821.13 What if the specific program regulations conflict with

these regulations?

If there is a conflict, the specific program regulations will

govern and the conflicting portion of these regulations will not apply.

Subpart 1822--Filing a Document with BLM

Sec. 1822.10 How should my name appear on applications and other

required documents that I submit to BLM?

Your legal name and current address should appear on your

application and other required documents.

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

You must file your application and any other required documents

during regular office hours at the appropriate BLM office having

jurisdiction over the lands or records involved. You must file any

document with BLM through personal delivery or by mailing via the

United States Postal Service or other delivery service, except for

those applications that may be filed electronically under Sec. 1822.13,

unless a more specific regulation or law specifies the mode of

delivery. The date of mailing is not the date of filing.

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

documents?

You should file your application or other required documents at the

BLM office having jurisdiction over the lands or records involved. The

specific BLM office where you are to file your application is usually

referenced in the BLM regulations which pertain to the filing you are

making. If the regulations do not name the specific office, or if you

have questions as to where you should file your application or other

required documents, contact your local BLM office for information and

we will tell you which BLM office to file your application.

Sec. 1822.13 May I file electronically?

For certain types of applications, BLM will accept your electronic

filing if an original signature is not required. If BLM requires your

signature, you must file your application or document by delivery or by

mailing. If you have any questions regarding which types of

applications can be electronically filed, you should check with the BLM

office where you intend to file your application. When you file an

application electronically, it will not be considered filed until BLM

receives it.

Sec. 1822.14 What if I try to file a required document on the last day

of the stated period for filing, but the BLM office where it is to be

filed is officially closed all day?

BLM considers the document timely filed if we receive it in the

office on the next day it is officially open.

Sec. 1822.15 If I miss filing a required document or payment within

the specified period, can BLM consider it timely filed anyway?

BLM may consider it timely filed if:

(a) The law does not prohibit BLM from doing so;

(b) No other BLM regulation prohibits doing so; and

(c) No intervening third party interests or rights have been

created or established during the intervening period.

Sec. 1822.16 Where do I file an application that involves lands under

the jurisdiction of more than one BLM State Office?

You may file your application with any BLM State Office having

jurisdiction over the subject lands. You should consult the regulations

of the particular BLM resource program involved for more specific

information.

Sec. 1822.17 When are documents considered filed simultaneously?

(a) BLM considers two or more documents simultaneously filed when:

[[Page 53217]]

(1) They are received at the appropriate BLM office on the same day

and time; or

(2) They are filed in conjunction with an order that specifies that

documents received by the appropriate office during a specified period

of time will be considered as simultaneously filed.

(b) An application or document that arrives at the BLM office where

it is to be filed when the office is closed for the entire day will be

considered as filed on the day and hour the office next officially

opens.

(c) Nothing in this provision will deny any preference right

granted by applicable law or regulation or validate a document which is

invalid under applicable law or regulation.

Sec. 1822.18 How does BLM decide in which order to accept documents

that are simultaneously filed?

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

Subpart 1823--Payments and Refunds

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

Unless specific regulations provide otherwise, you may pay by:

(a) United States currency; or

(b) Checks, money orders, or bank drafts made payable to the Bureau

of Land Management; or

(c) Visa or Master Card credit charge, except as specified by

pertinent regulation(s).

Sec. 1823.11 What is the authority for BLM issuing a refund of a

payment?

BLM can issue you a refund under the authority of section 304(c) of

the Federal Land Policy and Management Act, 43 U.S.C. 1734.

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

(a) In making a payment to BLM, if the funds or fees you submitted

to BLM exceed the amount required or if the regulations provide that

fees submitted to BLM must be returned in certain situations, you may

be entitled to a full or partial refund.

(b) If you believe you are due a refund, you may request it from

the BLM office where you previously submitted your payment. You should

state the reasons you believe you are entitled to a refund and include

a copy of the appropriate receipt, canceled check, or other relevant

documents.

Sec. 1823.13 Is additional documentation needed when a third party

requests a refund?

Yes. When refund requests are made by heirs, executors,

administrators, assignees, or mortgagees, BLM may require additional

documentation sufficient to establish your entitlement to a refund. If

you are an heir, executor, administrator, assignee or mortgagee, you

should contact the BLM office where you will file your refund

application for information regarding appropriate documentation.

Subpart 1824--Publication and posting of notices

Sec. 1824.10 What is publication?

Publication means publishing a notice announcing an event or a

proposed action in the Federal Register, a local newspaper of

established character and general circulation in the vicinity of the

land affected or other appropriate periodical. BLM's purpose in

publishing or requiring the publication of such information is to

advise you and other interested parties that some action will occur and

that the public is invited either to participate or to comment.

Sec. 1824.11 How does BLM choose a newspaper in which to publish a

notice?

BLM bases its choice of newspapers on their reputation and

frequency and level of circulation in the vicinity of the public or

private lands involved.

Sec. 1824.12 How many times must BLM publish a notice?

The number of times that BLM will publish or cause to be published

a notice depends on the publication requirements for the particular

action involved. You should see the applicable law and the regulations

governing specific BLM resource programs for information on the

requirements for publication for a particular action.

Sec. 1824.13 Who pays for publication?

The cost of publication is the responsibility of the claimant or

applicant.

Sec. 1824.14 Does the claimant or applicant pay for an error by the

printer of the paper in which the notice appears?

No. The claimant or applicant is not responsible for costs involved

in correcting an error by the printer.

Sec. 1824.15 What does it mean to post a notice?

Posting a notice is similar to publishing a notice except that the

notice is displayed at the appropriate BLM office, local courthouse or

similar prominent local government building or on a prominent fixture

such as a building, tree or post located on the particular public lands

involved.

Sec. 1824.16 Why must I post a notice?

The posting of a notice informs those persons who may be interested

in the lands or resources described, who have relevant information to

provide, or who may wish to oppose the proposal.

Sec. 1824.17 If I must post a notice on the land, what are the

requirements?

The posted notice must be visible throughout the time period for

posting specified in the regulations governing the relevant program.

BLM or its regulations may require additional posting, such as in a

post office or city hall. For any additional posting requirements, you

should see applicable Federal and State law, the regulations of the

particular BLM resource program and any additional BLM requirements

associated with your application.

Subpart 1825--Relinquishments

Sec. 1825.10 If I relinquish my interest (such as a claim or lease) in

public lands, am I relieved of all further responsibility associated

with that interest?

No. You are still responsible for fulfilling any regulatory,

statutory, lease, permit and other contractual obligations that apply,

such as performance of reclamation and payment of rentals accruing

before the time of relinquishment. You should see the regulations

relating to the specific BLM resource program involved for more

detailed information.

Sec. 1825.11 When are relinquishments effective?

Generally, BLM considers a relinquishment to be effective when it

is received, along with any required fee, in the BLM office having

jurisdiction of the lands being relinquished. However, the specific

program regulations govern effectiveness of relinquishments.

Sec. 1825.12 When does relinquished land become available again for

other application or appropriation?

Relinquished land may not again become available until BLM notes

the filed relinquishment of an interest on the land records maintained

by the BLM office having jurisdiction over the lands involved. If you

have any questions regarding the availability of a particular tract of

land, you should contact the BLM office having jurisdiction over the

lands or records.

[FR Doc. 99-25505 Filed 9-30-99; 8:45 am]

BILLING CODE 4310-84-P