Rule2025-13414

Rescission of Regulations Regarding Requirement for Filing Statement of Assessment Work

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 the Bureau of Land Management's (BLM) regulations addressing areas subject to special mining laws, O&C Lands.

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 33323-33325]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13414]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 3820

[Docket Number BLM-2025-0010; PO #4820000251; Order #02412-014-004-
047181.0]
RIN 1004-AF28


Rescission of Regulations Regarding Requirement for Filing 
Statement of Assessment Work

AGENCY: Bureau of Land Management, Interior.

ACTION: Direct final rule; request for comments.

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SUMMARY: This direct final rule rescinds a portion of the Bureau of 
Land Management's (BLM) regulations addressing areas subject to special 
mining laws, O&C Lands.

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-2025-0010'' 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-AF28.

FOR FURTHER INFORMATION CONTACT: Kirk Rentmeister, National Mining Law 
Program Lead, telephone: 775-435-5514; email: <a href="/cdn-cgi/l/email-protection#c1aab3a4afb5aca4a881a3adacefa6aeb7"><span class="__cf_email__" data-cfemail="365d445358425b535f76545a5b18515940">[email&#160;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-2025-0010 on 
<a href="http://www.regulations.gov">www.regulations.gov</a>.

SUPPLEMENTARY INFORMATION: The Department of the Interior's 
(Department) regulations governing assessment work and payment of 
annual maintenance fees for mining claims situated on O and C lands are 
contained in 43 CFR 3821.3(a) and (b). Paragraph (a) requires the 
performance and recordation of annual assessment work. Paragraph (b) 
requires the payment of annual maintenance fees. These regulations are 
duplicative of the BLM's requirements for all mining claims that can be 
found in 43 CFR parts 3835 and 3836. The Department is rescinding 43 
CFR 3821.3 as it is needlessly duplicative of the BLM's regulations 
governing all mining claims.
    The Department has determined that this reason, independently and 
alone, justifies rescission of 43 CFR 3821.3(a) and (b). The Department 
has no interest in maintaining a rule that is needlessly duplicative of 
other existing regulations.
    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

[[Page 33324]]

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 regulations to remove unnecessary 
regulatory language.

Paperwork Reduction Act

    OMB previously approved the information collection activities 
contained in the existing regulations and assigned OMB Control Number 
1004-0114. This rule does not impose any new or materially revised 
information collection requirements under the Paperwork Reduction Act 
(44 U.S.C. 3501 et seq.), and a submission to the Office of Management 
and Budget under the Paperwork Reduction Act 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.

[[Page 33325]]

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 3820

    Mines, National forests, Public lands--mineral resources, Reporting 
and recordkeeping requirements, Wilderness areas.

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 3820 as follows:

PART 3820--AREAS SUBJECT TO SPECIAL MINING LAWS

0
1. The authority citation for part 3820 continues to read as follows:

    Authority: 30 U.S.C. 22 et seq.; 43 U.S.C. 1201; 43 U.S.C. 1740; 
62 Stat. 162.

Subpart 3821--O and C Lands


Sec.  3821.3  [Removed]

0
2. Remove Sec.  3821.3.

[FR Doc. 2025-13414 Filed 7-16-25; 8:45 am]
BILLING CODE 4331-29-P


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Indexed from Federal Register on July 17, 2025.

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