Rule2025-13412
Rescission of Regulations Regarding Existing Use and Occupancy Under the Mining Laws
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 17, 2025
Effective
September 15, 2025
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
This direct final rule rescinds a portion of Bureau of Land Management (BLM) regulations that address the Act of July 23, 1955--Use and Occupancy Under the Mining Laws--What if I have an existing use or occupancy?
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 135 (Thursday, July 17, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 135 (Thursday, July 17, 2025)]
[Rules and Regulations]
[Pages 33313-33314]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13412]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3710
[Docket Number BLM-2025-0003; PO#4820000251; Order #02412-014-004-
047181.0]
RIN 1004-AF04
Rescission of Regulations Regarding Existing Use and Occupancy
Under the Mining Laws
AGENCY: Bureau of Land Management, Interior.
ACTION: Direct final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This direct final rule rescinds a portion of Bureau of Land
Management (BLM) regulations that address the Act of July 23, 1955--Use
and Occupancy Under the Mining Laws--What if I have an existing use or
occupancy?
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 any significant
adverse comments.
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-2025-0003'' 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-AF04.
FOR FURTHER INFORMATION CONTACT: Kirk Rentmeister, National Mining Law
Program Lead, telephone: 775-435-5514; email: <a href="/cdn-cgi/l/email-protection#a3c8d1c6cdd7cec6cae3c1cfce8dc4ccd5"><span class="__cf_email__" data-cfemail="a8c3dacdc6dcc5cdc1e8cac4c586cfc7de">[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-2025-0003 on
<a href="http://www.regulations.gov">www.regulations.gov</a>.
SUPPLEMENTARY INFORMATION: The Federal regulations implementing the
Surface Resources Act of 1955, 30 U.S.C. 611 through 615 are contained
in 43 CFR part 3715. These regulations manage the use and occupancy of
the public lands under the United States mining laws by limiting such
use or occupancy to prospecting, mining, or processing operations and
uses reasonably incident thereto. Upon reviewing these regulations, the
Department of the Interior (Department) has determined that paragraphs
(a) through (c) of 43 CFR 3715.4 should be rescinded due to
obsolescence resulting from the passage of time. The content of
existing paragraph (d) of 43 CFR 3715.4 will become the entire
remaining section. No changes were made to the content of existing
paragraph (d).
The Department has determined that this reason, independently and
alone, justifies rescission of 43 CFR 3715.4(a) through (c). The
Department has no interest in maintaining a rule that is obsolete.
The Department is issuing this rule as a direct final rule.
Although the Administrative Procedure Act (APA, 5 U.S.C. 551 through
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.) 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. 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.
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. 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
[[Page 33314]]
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. 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 regulations to remove obsolete
regulatory language.
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.
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.
Paperwork Reduction Act
This rule does not impose any new information collection burdens
under the Paperwork Reduction Act. OMB previously approved the
information collection activities contained in the existing regulations
and assigned OMB control number 1004-0169. This rule does not impose an
information collection burden because the Department is not making any
changes to the information collection 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.
List of Subjects
Administrative practice and procedure, Mines, Public lands--mineral
resources.
Adam G. Suess,
Acting Assistant Secretary, Land and Minerals Management.
For the reasons stated in the preamble, the Bureau of Land
Management amends 43 CFR part 3710 as follows:
PART 3710--PUBLIC LAW 167; ACT OF JULY 23, 1955
0
1. The authority citation for subpart 3715 continues to read as
follows:
Authority: 18 U.S.C. 1001, 3571 et seq.; 30 U.S.C. 22, 42, 612;
43 U.S.C. 1601 et seq.; 1201, 1457, 1732(b) and (c), 1733(a) and
(g).
0
2. Revise Sec. 3715.4 to read as follows:
Sec. 3715.4 What if I have an existing use or occupancy?
If you have no existing occupancies, but are engaged in uses of the
public lands under the mining law, you are subject to the standards in
Sec. 3715.5. BLM will determine if your existing uses comply with
those standards during normal inspection visits to the area and during
BLM review of notices and plans of operations filed under 43 CFR part
3800.
[FR Doc. 2025-13412 Filed 7-16-25; 8:45 am]
BILLING CODE 4331-29-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 17, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.