Rule2025-13777
Rescission of Regulations Regarding Prospecting Within National Forest Wilderness for the Purpose of Gathering Information About Mineral Resources
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 regulations that address prospecting for mineral resources on National Forest System lands.
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 34368-34370]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13777]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3820
[Docket No. BLM-2025-0011; PO #4820000251; Order #02412-014-004-
047181.0]
RIN 1004-AF06
Rescission of Regulations Regarding Prospecting Within National
Forest Wilderness for the Purpose of Gathering Information About
Mineral Resources
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 regulations that address prospecting for mineral
resources on National Forest System lands.
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 that responds to 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-2025-0011'' 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-AF06.
FOR FURTHER INFORMATION CONTACT: Kirk Rentmeister, National Mining Law
Program Lead, telephone: 775-435-5514; email: <a href="/cdn-cgi/l/email-protection#2e455c4b405a434b476e4c424300494158"><span class="__cf_email__" data-cfemail="0d667f6863796068644d6f6160236a627b">[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-2025-0011 on
<a href="http://www.regulations.gov">www.regulations.gov</a>.
SUPPLEMENTARY INFORMATION: The Department of the Interior's
(Department) regulations governing mineral prospecting within National
Forest System lands are contained in 43 CFR 3823.1(a) and (b).
Paragraph (a) authorizes prospecting for minerals within National
Forest System lands under the terms set out in the regulation.
Paragraph (b) directs those persons wishing to conduct activities under
paragraph (a) to review the regulations of the United States Forest
Service applicable to the lands within which such activities would be
undertaken. The Department is rescinding these regulations as they are
unnecessary and duplicative of the regulations issued by the United
States Forest Service that can be found at 36 CFR 228.15.
The Department has determined that this reason, independently and
alone, justifies rescission of 43 CFR 3823.1. 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
[[Page 34369]]
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 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
[[Page 34370]]
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 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 3823--Prospecting, Mineral Locations, and Mineral Patents
Within National Forest Wilderness
Sec. 3823.1 [Removed and Reserved]
0
2. Remove and reserve Sec. 3823.1.
[FR Doc. 2025-13777 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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