Rule2025-16753
Revisions to Regulations Regarding Locating, Recording, and Maintaining Mining Claims or Sites-Failure To Comply
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
September 2, 2025
Effective
November 3, 2025
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
This direct final rule (DFR) revises regulations containing general provisions related to failure to comply with the regulations governing requirements for locating, recording, and maintaining mining claims or sites under the Mining Law of 1872, and the Federal Land Policy and Management Act of 1976 (FLPMA). This DFR updates terminology, clarifies language, and removes obsolete provisions.
Full Text
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<title>Federal Register, Volume 90 Issue 167 (Tuesday, September 2, 2025)</title>
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[Federal Register Volume 90, Number 167 (Tuesday, September 2, 2025)]
[Rules and Regulations]
[Pages 42329-42332]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16753]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3830
[Docket No. BLM-2025-0204; A2407-014-004-065516; #O2412-014-004-
047181.1]
RIN 1004-AF48
Revisions to Regulations Regarding Locating, Recording, and
Maintaining Mining Claims or Sites--Failure To Comply
AGENCY: Bureau of Land Management, Interior.
ACTION: Direct final rule; request for comments.
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SUMMARY: This direct final rule (DFR) revises regulations containing
general provisions related to failure to comply with the regulations
governing requirements for locating, recording, and maintaining mining
claims or sites under the Mining Law of 1872, and the Federal Land
Policy and Management Act of 1976 (FLPMA). This DFR updates
terminology, clarifies language, and removes obsolete provisions.
DATES: The final rule is effective November 3, 2025, unless significant
adverse comments are received by October 2, 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:
Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the
Search box, enter the Docket Number ``BLM-2025-0204'' and click the
``Search'' button. Follow the instructions at this website.
<bullet> Mail, personal, or messenger delivery: U.S. Department of
the Interior (Department), Director (630), Bureau of Land Management
(BLM), 1849 C St. NW, Room 5646, Washington, DC 20240, Attention: 1004-
AF48.
FOR FURTHER INFORMATION CONTACT: Kirk Rentmeister, National Mining Law
Program Lead, telephone: 775-435-5514; email: <a href="/cdn-cgi/l/email-protection#29425b4c475d444c40694b4544074e465f"><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.
SUPPLEMENTARY INFORMATION: The Department's regulations governing
failure to comply with regulations implementing the requirements of the
Mining Law, 30 U.S.C. 22-54, and FLPMA, 43 U.S.C. 1744, are contained
in 43 CFR part 3830, subpart E, ``Failure To Comply With These
Regulations.'' Section 3830.91 describes what happens when a mining
claimant fails to timely comply with the requirements for locating,
recording, and maintaining mining claims, millsites, and tunnel sites.
Section 3830.92 provides special provisions for oil placer mining
claims. Section 3830.93 describes when filing defects are curable.
Section 3830.94 describes how to cure defects in filing. Sections
3830.95, 3830.96, and 3830.97 address what happens if only a partial
payment is made for newly located mining claims, previously recorded
mining claims, and notices of intent to locate mining claims and sites
on Stockraising Homestead Act lands, respectively.
The Department notes that several of the sections in subpart E
contain the term ``service charge,'' rather than the current term of
``processing fee.'' Because the ``service charge'' terminology is
obsolete, the Department is revising these regulations to conform to
current terminology and simplify the remaining wording. The Department
has similarly determined that the heading of Sec. 3830.96 should be
revised due to obsolescence resulting from the fact that there are no
longer any oil shale placer mining claims in the BLM's records. The
references to ``oil shale fees'' in the heading and paragraphs (a) and
(b) of this regulation will be removed for the same reason.
The DFR also corrects inadvertent omissions and erroneous
information, such as an omission of a cross reference to subpart 3715
from Sec. 3830.91(c)(1); an erroneous date in Sec. 3830.92(a)(3); an
incorrect cross reference in Sec. 3830.93(a); an omission of the
timeliness requirement and the type of fee waiver described in
paragraphs (b) and (c) of Sec. 3830.94; and an omission of a reference
to tunnel sites in Sec. 3830.97. Additionally, the DFR also adds
cross-references for the convenience of the public, such as in
Sec. Sec. 3830.92(b), 3830.93(b), 3830.96, and 3830.97.
Lastly, the DFR makes various changes necessary to clarify and
conform the regulations in subpart E to subsequently promulgated
regulations and to the Department's current interpretations regarding
the filing requirements related to locating, recording, and maintaining
mining claims and sites. For example, the changes to Sec. Sec. 3830.95
and 3830.96 clarify that the BLM does not consider a document to be
``filed'' for purposes of complying with any statutory or regulatory
deadline if the document is not accompanied by the proper processing
fee. In making these changes to Sec. Sec. 3830.95 and 3830.96, the DFR
brings subpart E into conformance with the Department's cost recovery
regulations at 43 CFR 3000.10 that were promulgated in 2005 and
eliminates any confusion about whether failure to pay insufficient
processing fees may be ``cured'' if the deadline for filing the
document has passed. Additionally, the changes to Sec. 3830.96 clarify
how the partial payment regulation will be applied in years when there
is a maintenance fee increase, and specify that underpayments remaining
after the BLM applies the procedures at Sec. 3835.23 are not subject
to Sec. 3830.96.
The Department has determined that these reasons, independently and
alone, justify revision of 43 CFR part 3830, subpart E. The Department
has no interest in maintaining regulations that are obsolete or
unclear.
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.
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 revision of the rule and raise, alone or in
combination, (1) reasons why the revision of the rule is inappropriate,
including challenges to the revision's underlying premise; or (2)
serious unintended consequences of the revision. A comment recommending
an addition to the rule will not be considered significant and adverse
unless the comment explains how this
[[Page 42330]]
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 updates terminology, clarifies language, and removes obsolete
provisions. 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 updates terminology, clarifies language, and removes obsolete
provisions; 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 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 updates
terminology, clarifies language, and removes obsolete provisions.
Paperwork Reduction Act
This rule does not impose any new or revised information collection
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.), and a submission to the OMB 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.
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 3830
Mineral royalties, Mines, Public lands--mineral resources,
Reporting and recordkeeping requirements.
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 3830 as follows:
[[Page 42331]]
PART 3830--LOCATING, RECORDING, AND MAINTAINING MINING CLAIMS OR
SITES; GENERAL PROVISIONS
0
1. The authority citation for part 3830 is revised to read as follows:
Authority: 18 U.S.C. 1001, 3571; 30 U.S.C. 22 et seq., 242,
611; 31 U.S.C. 9701; 43 U.S.C. 2, 1201, 1212, 1457, 1474, 1701 et
seq.; 44 U.S.C. 3501 et seq.; 115 Stat. 414; 125 Stat. 786.
Subpart E--Failure To Comply With These Regulations
0
2. Amend Sec. 3830.91 by revising paragraph (c)(1) to read as follows:
Sec. 3830.91 What happens if I fail to comply with these regulations?
* * * * *
(c) * * *
(1) All reclamation and performance requirements imposed by
subparts 3715, 3802, 3809, or 3814 of this chapter; and
* * * * *
0
3. Revise Sec. 3830.92 to read as follows:
Sec. 3830.92 What special provisions apply to oil placer mining
claims?
(a) Under 30 U.S.C. 188(f), you, as an oil placer mining claimant,
may seek to convert an oil placer mining claim to a noncompetitive oil
and gas lease under section 17(e) of the Mineral Leasing Act (30 U.S.C.
226(e)), if:
(1) The BLM declared your oil placer mining claim abandoned and
void under section 314 of FLPMA;
(2) Your failure to comply with section 314 of FLPMA was
inadvertent, justifiable, or not due to lack of reasonable diligence;
(3) You or your predecessors in interest validly located the
unpatented oil placer mining claim before February 24, 1920;
(4) The claim has been or is currently producing or is capable of
producing oil or gas; and
(5) You have submitted a petition asking the BLM to issue a
noncompetitive oil and gas lease. Your petition must include the
required rental and royalty payments, including back rental and royalty
accruing from the statutory date of abandonment of the oil placer
mining claim.
(b) If the BLM chooses to issue a noncompetitive oil and gas lease,
the lease will be effective from the statutory date the claim was
deemed conclusively abandoned. See 43 CFR 3108.2-4 Conversion of
unpatented oil placer mining claims: Class III reinstatements.
0
4. Revise Sec. 3830.93 to read as follows:
Sec. 3830.93 When are defects curable?
(a) If there is a defect in your compliance with a statutory
requirement, the defect is incurable if the statute does not give the
Secretary authority to permit exceptions (see Sec. 3830.91(a) and (b)
of this chapter). If your payment, recording, or filing has incurable
defects, the affected mining claims or sites are statutorily forfeited.
(b) If there is a defect in your compliance with a regulatory, but
not statutory, requirement, the defect is curable. You may correct
curable defects when the BLM gives you notice. If you fail to cure the
defect within the time the BLM allows, you will forfeit your mining
claims or sites. Failure to pay the required fees with your documents
will result in your document not being accepted for filing, and the
failure to pay such fees is not a curable defect. See 43 CFR
3000.10(b).
0
5. Revise Sec. 3830.94 to read as follows:
Sec. 3830.94 How may I cure a defect in my compliance with these
regulations?
(a)(1) When the BLM determines that you have filed any document
that is defective or you are not in compliance with a regulatory
requirement, the BLM will attempt to notify you by certified mail,
return receipt requested at the address you gave on:
(i) Your notice or certificate of location;
(ii) An address correction you have filed with the BLM; or
(iii) A valid transfer document filed with the BLM.
(2) The notice provided for in paragraph (a)(1) of this section
constitutes legal service even if you do not actually receive the
notice or decision. See Sec. 1810.2 of this chapter.
(b) If you have timely filed any defective document other than a
defective small miner fee waiver request, or you are not in compliance
with a regulatory requirement, you must cure the defects or
noncompliance within 30 days of receiving the BLM's notification of the
defects.
(c) If you have timely filed a defective small miner fee waiver
request, you must cure the defects or pay the annual maintenance fee
within 60 days of receiving notification of the defects from the BLM.
Failure to timely file a small miner fee waiver request without timely
paying the annual maintenance fee is not a curable defect and will
result in your claim or site being declared forfeited for failure to
pay the fee. See 43 CFR 3835.92(a).
(d) If you fail to file a notice of intent to hold under 43 CFR
3835.31(c)(2), (3), and (4), you must file your notice of intent within
30 days of receiving the BLM's notification of the failure to file.
(e) If the BLM does not receive the requested information in the
time allowed, or if the matter is statutorily not curable, you will
receive a final decision from the BLM that you forfeited the affected
mining claims or sites.
0
6. Revise Sec. 3830.95 to read as follows:
Sec. 3830.95 What if I pay only part of the processing, location, and
maintenance fees for the recording of new mining claims or sites?
If the BLM receives your location documents for recording and
determines that the funds you paid are not sufficient to cover the
total amount of processing, location, and maintenance fees for your
mining claims or sites, the BLM will process the funds you paid in the
following manner:
(a)(1) The BLM will not record any mining claim or site that is not
accompanied by the full processing, location, and maintenance fees.
(2) For mining claims or sites located before September 1 and
timely recorded after September 1, you must also pay the annual
maintenance fee at the time of recording for the assessment year in
which you record, unless you qualify for and file a small miner waiver
for that assessment year in accordance with Sec. 3835.14(a)(2).
(b) The BLM will assign a serial number to each claim or site that
is received with the full processing, location, and maintenance fee
until the funds run out;
(c) If the full processing, location, and maintenance fees are not
received, the BLM will reject the recordation of the claims and the
location documents will be returned unrecorded, and the remaining fees
not used for recording will be refunded.
(d) Resubmission of returned location documents. (1) If the 90-day
recording period has not expired, you may refile returned location
documents for recording with the proper fees. The refiled location
documents with fees must be received by the BLM before the end of the
90-day recording period.
(2) If the 90-day recording period has expired, the affected mining
claims and sites are forfeited.
0
7. Revise Sec. 3830.96 to read as follows:
Sec. 3830.96 What if I pay insufficient processing fees or annual
maintenance fees for previously recorded mining claims or sites?
(a) If your payment only covers one mining claim and you pay only
part of the processing fee or only part of the annual maintenance fee,
then the BLM will not accept your filing.
(b) If your payment covers multiple mining claims or sites and you
pay only part of the processing fees due for any
[[Page 42332]]
document filings or only part of the annual maintenance fees for
previously recorded mining claims or sites, or any combination of these
fees, absent other instructions from you, the BLM will apply the
partial payment in serial number order until the money runs out. Any
underpayment of fees remaining following the expiration of the notice
under Sec. 3834.23 is not subject to the partial payment process
described in this paragraph.
(c) If your partial payment for multiple mining claims is submitted
in a year in which the BLM adjusts the maintenance fees under Sec.
3834.21, the BLM will apply the partial payment in the amount based on
the fee in effect immediately before the adjustment was made to each
mining claim or site in serial number order until the money runs out.
The BLM will then follow the procedures described in Sec. 3834.23 with
respect to each mining claim or site for which the BLM received the
full amount of the fee in effect immediately before the adjustment was
made. Any underpayment of fees remaining following the expiration of
the notice under Sec. 3834.23 is not subject to the partial payment
process described in this paragraph.
(d) For any claims or sites for which there are no funds in your
partial payment to pay the annual maintenance fee, you will forfeit the
mining claims or sites not covered by your partial payment unless you
pay the additional funds necessary to complete the full payment on or
before September 1.
(e) If the BLM rejects your FLPMA document because you have not
included sufficient funds to pay the processing fee, you will forfeit
the mining claims or sites not covered by your partial payment unless
you pay the additional funds necessary to complete the full payment on
or before the date that the document must be filed.
0
8. Revise Sec. 3830.97 to read as follows:
Sec. 3830.97 What if I pay only part of the processing fees for a
notice of intent to locate mining claims or tunnel sites on Stock
Raising Homestead Act lands?
For notices of intent to locate (NOITL) mining claims or tunnel
sites under the Stock Raising Homestead Act (SRHA), the BLM will not
accept a NOITL unless you pay the full processing fee as required in 43
CFR 3830.21. If your NOITL is received with insufficient funds, the BLM
will return the NOITL to you unrecorded. See subparts 3831, 3838, and
3839 of this chapter for information regarding the Stock Raising
Homestead Act and NOITLs.
[FR Doc. 2025-16753 Filed 8-29-25; 8:45 am]
BILLING CODE 4331-29-P
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