Rule2025-13753
Rescission of Regulations Regarding Surface Protection Requirements
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 22, 2025
Effective
September 22, 2025
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
This direct final rule rescinds a portion of the Bureau of Land Management's (BLM) regulations that address mining in powersite withdrawals.
Full Text
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<title>Federal Register, Volume 90 Issue 138 (Tuesday, July 22, 2025)</title>
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[Federal Register Volume 90, Number 138 (Tuesday, July 22, 2025)]
[Rules and Regulations]
[Pages 34366-34368]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13753]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3730
[PO #4820000251; Order #02412-014-004-047181.0]
RIN 1004-AF25
Rescission of Regulations Regarding Surface Protection
Requirements
AGENCY: Bureau of Land Management.
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 that address mining in powersite
withdrawals.
DATES: The final rule is effective on September 22, 2025, unless
significant adverse comments are received by August 21, 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 which responds to significant adverse
comments.
ADDRESSES: You may submit comments by one of the following methods:
[[Page 34367]]
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
In the Search box, enter the Docket Number ``BLM-2025-0009'' 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-AF25.
FOR FURTHER INFORMATION CONTACT: Kirk Rentmeister, National Mining Law
Program Lead, telephone: 775-435-5514; email: <a href="/cdn-cgi/l/email-protection#2a41584f445e474f436a484647044d455c"><span class="__cf_email__" data-cfemail="8fe4fdeae1fbe2eae6cfede3e2a1e8e0f9">[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-2025-0009 on
<a href="http://www.regulations.gov">www.regulations.gov</a>.
SUPPLEMENTARY INFORMATION: The Department of the Interior's
(Department) regulations implementing certain provisions of the Mining
Claims Restoration Act of 1955, Public Law 84-359, 69 Stat. 797, are
contained in 43 CFR subpart 3738. These regulations address bonding
requirements for lands withdrawn for powersites. The regulations in
Sec. 3738.1 describe when a bond is required, and the nature of the
bond to be provided. The regulations in Sec. 3738.2 describe the
actions the BLM will take if the locator fails to restore the surface
of the lands, including forfeiting the bond provided in compliance with
Sec. 3738.1 to be used by the BLM to restore the surface. Upon
reviewing these regulations, the BLM has determined that they should be
rescinded as they are duplicative of the bonding requirements in 43 CFR
3809.500.
The Department has determined that this reason, independently and
alone, justifies rescission of 43 CFR 3738.1 and 3738.2. The BLM has no
interest in maintaining rules that are redundant.
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 an 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.
[[Page 34368]]
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
This rule does not contain new or materially revised information
collection requirements, and a submission to the Office of Management
and Budget under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
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.
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.
Adam G. Suess,
Acting Assistant Secretary, Land and Minerals Management.
List of Subjects in 43 CFR Part 3730
Administrative practice and procedure, Mines, Public lands--mineral
resources, Reporting and recordkeeping requirements, Surety bonds.
For the reasons stated in the preamble, the Bureau of Land
Management amends 43 CFR part 3730 as follows:
PART 3730--PUBLIC LAW 359; MINING IN POWERSITE WITHDRAWALS: GENERAL
0
1. The authority citation for part 3730 continues to read as follows:
Authority: 30 U.S.C. 22 et seq.; 30 U.S.C. 28f-k; 30 U.S.C. 621-
625; 43 U.S.C. 1201; 43 U.S.C. 1740; 43 U.S.C. 1744.
Subpart 3738--[Removed]
0
2. Remove subpart 3738.
[FR Doc. 2025-13753 Filed 7-21-25; 8:45 am]
BILLING CODE 4331-29-P
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</html>Indexed from Federal Register on July 22, 2025.
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