Rule2025-13403
Rescission of Regulations Regarding Leasing of Solid Minerals Other Than Coal and Oil Shale
Primary source
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Published
July 17, 2025
Effective
September 15, 2025
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
This direct final rule rescinds portions of the Bureau of Land Management's (BLM) regulations that address the Leasing of Solid Minerals Other Than Coal and Oil Shale--Areas Available for Leasing and Hardrock Mineral Development Contracts; Processing and Milling Arrangements.
Full Text
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<title>Federal Register, Volume 90 Issue 135 (Thursday, July 17, 2025)</title>
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[Federal Register Volume 90, Number 135 (Thursday, July 17, 2025)]
[Rules and Regulations]
[Pages 33310-33313]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13403]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3500
[Docket No. BLM-2025-0004; PO #4820000251; Order #02412-014-004-
047181.0]
RIN 1004-AF18
Rescission of Regulations Regarding Leasing of Solid Minerals
Other Than Coal and Oil Shale
AGENCY: Bureau of Land Management, Interior.
ACTION: Direct final rule; request for comments.
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SUMMARY: This direct final rule rescinds portions of the Bureau of Land
Management's (BLM) regulations that address the Leasing of Solid
Minerals Other Than Coal and Oil Shale--Areas Available for Leasing and
Hardrock Mineral Development Contracts; Processing and Milling
Arrangements.
DATES: The final rule is effective on September 15, 2025, unless
significant adverse comments are received by August 18, 2025. If
significant adverse comments are received, notice will be published in
the Federal Register before the effective date either withdrawing the
rule or issuing a new final rule that responds to significant adverse
comments.
Information Collection Requirements: This final rule rescinds and
revises information-collection requirements that must be approved by
the Office of Management and Budget (OMB). If you wish to comment on
the changed information-collection requirements, please note that those
comments should be sent directly to OMB. Comments should be received by
August 18, 2025.
ADDRESSES: You may submit comments by one of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
In the Search box, enter the Docket Number ``BLM-2025-0004'' and click
the ``Search'' button. Follow the instructions at this website.
<bullet> Mail, Personal, or Messenger Delivery: U.S. Department of
the Interior, Director (630), Bureau of Land Management, 1849 C St. NW,
Room 5646, Washington, DC 20240, Attention: 1004-AF18.
For Comments on Information-Collection Activities: Written comments
and suggestions on the information-collection requirements should be
submitted by the date specified above in DATES to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this specific information-collection by
selecting ``Currently under Review--Open for Public Comments'' or by
using the search function.
FOR FURTHER INFORMATION CONTACT: Sabry Hanna, Solid Leasable Other Than
Coal Program Lead, telephone: 571-458-6644; email: <a href="/cdn-cgi/l/email-protection#aeddc6cfc0c0cfeeccc2c380c9c1d8"><span class="__cf_email__" data-cfemail="cbb8a3aaa5a5aa8ba9a7a6e5aca4bd">[email protected]</span></a>.
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
For a summary of the final rule, please see the abstract
description of the document in Docket Number BLM-2025-0004 on
<a href="http://www.regulations.gov">www.regulations.gov</a>.
SUPPLEMENTARY INFORMATION: The Federal regulations governing the
leasing of solid minerals other than coal and oil shale are contained
in 43 CFR part 3500. These regulations govern the issuance and
management of exploration licenses, prospecting permits and leases for
minerals, including phosphate, sodium, potassium, sulphur, gilsonite,
asphalt, and hardrock minerals.
Upon reviewing these regulations, the Department of the Interior
(Department) has determined that paragraph (f) in a table at 43 CFR
3503.37 should be
[[Page 33311]]
rescinded to remove the regulatory language setting a maximum acreage
of hardrock permits and leases in any one State because that acreage
limitation for hardrock leases and prospecting permits is not mandated
by statute and is therefore unnecessary.
In addition, 43 CFR subpart 3517, consisting of Sec. Sec. 3517.10
through 3517.16, should be rescinded in its entirety because the
purpose of those regulations is to provide an exemption for the acreage
limitation for hardrock mineral permits and leases. With the rescinding
of the language related to statewide acreage limitations for hardrock
permits and leases in 43 CFR 3503.37(f), the regulations in 43 CFR
subpart 3517 are unnecessary and obsolete.
The Department has determined that these reasons justify rescission
of the language regarding statewide acreage limitations for hardrock
permits and leases in 43 CFR 3503.37(f) and the rescission of 43 CFR
subpart 3517. The Department has no interest in maintaining regulations
that are unnecessary and obsolete.
The Department is issuing this rule as a direct final rule.
Although the Administrative Procedure Act (APA, 5 U.S.C. 551-559)
generally requires agencies to engage in notice and comment rulemaking,
section 553 of the APA provides an exception when the agency ``for good
cause finds'' that notice and comment are ``impracticable, unnecessary,
or contrary to the public interest.'' Id. section 553(b)(B). The
Department has determined that notice and comment are unnecessary
because this rule is noncontroversial; of a minor, technical nature;
involves little agency discretion; and is unlikely to receive any
significant adverse comments. Significant adverse comments are those
that oppose the rescission of the rule and raise, alone or in
combination, (1) reasons why the rescission of the rule is
inappropriate, including challenges to the rescission's underlying
premise; or (2) serious unintended consequences of the rescission. A
comment recommending an addition to the rule will not be considered
significant and adverse unless the comment explains how this direct
final rule would be ineffective without the addition.
Procedural Matters
Executive Order (E.O.) 12866--Regulatory Planning and Review and E.O.
13563--Improving Regulation and Regulatory Review
E.O. 12866 provides that the Office of Information and Regulatory
Affairs (OIRA) in the Office of Management and Budget (OMB) will review
all significant rules. OIRA has determined that this rule is not
significant.
E.O. 13563 reaffirms the principles of E.O. 12866, while calling
for improvements in the Nation's regulatory system to promote
predictability, reduce uncertainty, and use the best, most innovative,
and least burdensome tools for achieving regulatory ends. E.O. 13563
directs agencies to consider regulatory approaches that reduce burdens
and maintain flexibility and freedom of choice for the public where
these approaches are relevant, feasible, and consistent with regulatory
objectives. E.O. 13563 emphasizes further that agencies must base
regulations on the best available science and that the rulemaking
process must allow for public participation and an open exchange of
ideas. The Department developed this rule in a manner consistent with
these requirements.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA, 5 U.S.C. 601 through 612)
requires an agency to prepare a regulatory flexibility analysis for all
rules unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
The RFA applies only to rules for which an agency is required to first
publish a proposed rule. See 5 U.S.C. 603(a) and 604(a). As the
Department is not required to publish a notice of proposed rulemaking
for this direct final rule, the RFA does not apply.
Congressional Review Act
This rule is not a major rule under the Congressional Review Act, 5
U.S.C. 804(2). Specifically, the direct final rule: (a) will not have
an annual effect on the economy of $100 million or more; (b) will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; and (c) will not have significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based enterprises to compete with foreign-
based enterprises in domestic and export markets.
Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
Tribal governments, or the private sector, of more than $100 million
per year. The rule does not have a significant or unique effect on
State, local, or Tribal governments, or the private sector. The rule
merely revises the Federal regulations to remove an obsolete provision
that is no longer used. Therefore, a statement containing the
information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531
et seq.) is not required.
E.O. 12630--Governmental Actions and Interference With Constitutionally
Protected Property Rights
This rule does not result in a taking of private property or
otherwise have regulatory takings implications under E.O. 12630. The
rule rescinds an obsolete regulatory provision; therefore, the rule
will not result in private property being taken for public use without
just compensation. A takings implication assessment is therefore not
required.
E.O. 13132--Federalism
Under the criteria of section 1 of E.O. 13132, this rule does not
have sufficient federalism implications to warrant the preparation of a
federalism summary impact statement. This rule will not have
substantial direct effects 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. A
federalism summary impact statement is not required.
E.O. 12988--Civil Justice Reform
This direct final rule complies with the requirements of E.O.
12988. Among other things, this rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation;
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
E.O. 13175--Consultation and Coordination With Indian Tribal
Governments
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian tribes through a
commitment to consultation with Tribes and recognition of their right
to self-governance and Tribal sovereignty. The Department evaluated
this direct final rule under E.O. 13175 and the Department's
consultation policies and determined that it has no substantial, direct
effects on federally recognized Indian tribes and that consultation
under the Department's Tribal consultation policies is not required.
The rule merely revises the Federal
[[Page 33312]]
regulations to remove unnecessary regulatory language.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3521)
generally provides that an agency may not conduct or sponsor and, not
withstanding any other provision of law, a person is not required to
respond to a collection of information, unless it displays a currently
valid OMB control number. Collections of information include any
request or requirement to obtain, maintain, retain, or report
information to an agency, or disclose information to a third party or
to the public (44 U.S.C. 3502(3) and 5 CFR 1320.3(c)).
OMB previously approved the information-collection requirements
contained in the existing regulations and assigned OMB control number
1004-0121. This final rule does not impose any new information-
collection requirements as defined by the PRA. However, the rescission
of a portion of paragraph (f) of 43 CFR 3503.37 43 CFR subpart 3517,
would remove an information-collection requirement for applicants to
provide information pertaining maximum acreage of hardrock leases and
permits. This rescission is not expected to change the burden for lease
and permit applicants. Additionally, the final rule rescinds of
sections 3517.10 through 3517.16 eliminating the information collection
contained in 3517.15 titled, ``Application for Approval of a Hardrock
Mineral Development Contract or Processing or Milling Arrangement'' as
contained in OMB control number 1004-0121. This rescission will result
in a burden reduction of -1 annual response, -20 annual burden hours,
and -$40 annual non-hour burdens.
The resulting new estimated total burdens for OMB Control Number
1004-0121 are provided below, along with a summary of the information
collections under this OMB control number.
Title of Collection: Leasing of Solid Minerals Other Than Coal and
Oil Shale (43 CFR 3500-3590).
OMB Control Number: 1004-0121.
Form Numbers: BLM Form 3504-001; BLM Form 3504-003; BLM Form 3504-
004; BLM Form 3510-001; BLM Form 3510-002; and BLM Form 3520-007.
Type of Review: Revision of a currently approved collection.
Respondents/Affected Public: Holders of Federal leases of solid
minerals other than coal and oil shale.
Total Estimated Number of Annual Respondents: 170.
Total Estimated Number of Annual Responses: 505.
Estimated Completion Time per Response: Varies from 1 hour to 400
hours, depending on activity.
Total Estimated Number of Annual Burden Hours: 27,236.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour Burden Cost: $2,051,650.
The information collection request that has been submitted to OMB
for this final rule is available at <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
Find this information collection by selecting ``Currently under
Review--Open for Public Comments'' or by using the search function. If
you want to comment on the information-collection requirements of this
rule, please send your comments and suggestions on this information-
collection by the date indicated in the DATES and ADDRESSES sections as
previously described.
National Environmental Policy Act
This direct final rule does not constitute a major Federal action
significantly affecting the quality of the human environment. A
detailed statement under the National Environmental Policy Act (NEPA,
42 U.S.C. 4321 et seq.) is not required because this rule is covered by
a categorical exclusion applicable to regulatory functions ``that are
of an administrative, financial, legal, technical, or procedural
nature.'' 43 CFR 46.210(i). In addition, the Department has determined
that this rule does not involve any of the extraordinary circumstances
listed in 43 CFR 46.215 that would require further analysis under NEPA.
E.O. 13211--Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use
This direct final rule is not a significant energy action as
defined in E.O. 13211. Therefore, a Statement of Energy Effects is not
required.
List of Subjects in 43 CFR Part 3500
Government contracts, Hydrocarbons, Mineral royalties, Mines,
Phosphate, Potassium, Public lands--mineral resources, Reporting and
recordkeeping requirements, Sodium, Sulphur, Surety bonds.
Adam G. Suess,
Acting Assistant Secretary, Land and Minerals Management.
For the reasons set out in the preamble, the Bureau of Land
Management amends 43 CFR part 3500 as follows:
PART 3500--LEASING OF SOLID MINERALS OTHER THAN COAL AND OIL SHALE
0
1. The authority citation for part 3500 continues to read as follows:
Authority: 5 U.S.C. 552; 30 U.S.C. 189, 192c, and 209; 43
U.S.C. 1701 et seq.; and sec. 402, Reorganization Plan No. 3 of 1946
(5 U.S.C. appendix).
0
2. Section 3503.37 is amended by revising paragraph (f) to read as
follows:
Sec. 3503.37 Is there a limit to the acreage of lands I can hold
under permits and leases?
* * * * *
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Maximum
acreage for a Maximum acreage of permits Maximum acreage in permits
Commodity permit or and leases in any one and leases nationwide
lease State
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* * * * * * *
(f) Hardrock Minerals................... 2,560 None...................... None.
* * * * * * *
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[[Page 33313]]
Subpart 3517--[Removed]
0
3. Remove subpart 3517.
[FR Doc. 2025-13403 Filed 7-16-25; 8:45 am]
BILLING CODE 4331-29-P
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