Rule2025-16754
Revisions to Regulations Regarding Locating, Recording, and Maintaining Mining Claims or Sites-Introduction
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 requirements for locating, recording, and maintaining mining claims or sites under the Mining Law of 1872. 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 42332-42334]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16754]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3830
[Docket No. BLM-2025-0202; A2407-014-004-065516; #O2412-014-004-
047181.1]
RIN 1004-AF46
Revisions to Regulations Regarding Locating, Recording, and
Maintaining Mining Claims or Sites--Introduction
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 requirements for locating, recording, and
maintaining mining claims or sites under the Mining Law of 1872. This
DFR updates terminology, clarifies language, and removes obsolete
provisions.
DATES: This final rule is effective on 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:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
In the Search box, enter the Docket Number ``BLM-2025-0202'' 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-
AF46.
FOR FURTHER INFORMATION CONTACT: Kirk Rentmeister, National Mining Law
Program Lead, telephone: 775-435-5514; email: <a href="/cdn-cgi/l/email-protection#c4afb6a1aab0a9a1ad84a6a8a9eaa3abb2"><span class="__cf_email__" data-cfemail="e48f96818a9089818da4868889ca838b92">[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-2025-0202 on
<a href="http://www.regulations.gov">www.regulations.gov</a>.
SUPPLEMENTARY INFORMATION: General provisions of the Department's
regulations implementing the requirements of the Mining Law, 30 U.S.C.
22-54, and the Federal Land Policy and Management Act, 43 U.S.C. 1744,
are contained in 43 CFR part 3830, subpart A, ``Introduction.''
Sections 3830.1 and 3830.2 describe the purpose and scope of parts 3830
through 3839. Section 3830.3 specifies who may locate mining claims.
Section 3830.5 provides definitions relevant to locating, recording,
and maintaining mining claims, millsites and tunnel sites.
The Department notes that subpart A contains 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 Sec. 3830.1 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 reference to ``oil shale claims'' in Sec.
3830.1(b)(4) will be removed.
The DFR also corrects inadvertent omissions and erroneous
information, such as the incorrect description of minerals subject to
disposal under the Mining Law (Sec. 3830.1(b)(5)); the erroneous use
of ``state'' in the definition of ``claimant'' (Sec. 3830.5); the
inadvertent omission of the President as having the authority to close
lands to the operation of the Mining Law in the definition of ``closed
to mineral entry'' (Sec. 3830.5); and the typographical errors in the
definition of ``split estate lands'' (Sec. 3830.5). The DFR also
amends the definition of ``assessment year'' to conform with
longstanding statutory changes by removing the words ``at 12 noon.''
Additionally, the DFR also adds a cross-reference for the convenience
of the public in the definition of ``related party'' in Sec. 3830.5.
The Department has determined that these reasons, independently and
alone, justify revision of 43 CFR part 3830 subpart A. The Department
has no interest in maintaining regulations that are obsolete or
unclear.
The Department is issuing this rule as a DFR. 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
[[Page 42333]]
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 DFR 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 DFR, 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 DFR: (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 and clarifies obsolete regulatory language. 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 revises and clarifies obsolete regulatory language; 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 DFR 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 DFR 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 and clarifies
obsolete regulatory language.
Paperwork Reduction Act
OMB previously approved the information collection requirements
contained in the existing regulations under OMB Control Number 1004-
0114. This rule does not contain new or materially revised information
collection requirements, and a submission to the OMB under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) is not
required.
National Environmental Policy Act (NEPA)
This DFR does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under NEPA (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 DFR is not a significant energy action as defined in E.O.
13211. Therefore, a statement of energy effects is not required.
[[Page 42334]]
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:
PART 3830--ADMINISTRATION OF MINING CLAIMS AND 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.
0
2. Revise the part heading to read as set forth above.
0
3. Revise Sec. 3830.1 to read as follows:
Sec. 3830.1 What is the purpose of parts 3830-3839?
In this part 3830, references to ``these regulations'' are
references to parts 3830 through 3839 of this chapter.
(a) These regulations describe the steps you, as a mining claimant,
must take regarding mining claims or sites on the Federal lands under
Federal law, to--
(1) Locate (see part 3832 of this chapter);
(2) Maintain (see parts 3834 through 3836 of this chapter);
(3) Amend (see part 3833, subpart B, of this chapter); and
(4) Transfer (see part 3833, subpart C, and part 3835, subpart B,
of this chapter) mining claims or sites on the Federal lands under
Federal law.
(b) These regulations apply to--
(1) Lode and placer mining claims (see part 3832, subpart B, of
this chapter);
(2) Mill sites (see part 3832, subpart C, of this chapter);
(3) Tunnel sites (see part 3832, subpart D, of this chapter);
(4) Location of uncommon varieties of sand, stone, gravel, pumice,
pumicite, and cinders;
(5) Delinquent co-claimants (see part 3837 of this chapter); and
(6) Mining claims and tunnel sites on Stockraising Homestead Act
lands (see part 3838 of this chapter).
(c) In addition to these regulations, there are State law
requirements that apply to you. If any State law conflicts with the
requirements in these regulations, you must still comply with these
regulations. These regulations do not describe State law requirements.
0
4. Amend Sec. 3830.5 as follows:
0
a. In the definition of ``Assessment year'', remove the text ``at 12
noon''.
0
b. Revise the definitions of ``Claimant'' and ``Closed to mineral
entry''.
0
c. Add the definition of ``Processing fee'' in alphabetical order.
0
d. Revise the definition of ``Related party''.
0
e. Remove the definition of ``Service charge''.
0
f. In the definition of ``Split estate lands'', remove the text
``that,'' and add the text ``those'' in its place, and add the text
``the'' before ``United States''.
The revisions and addition read as follows:
Sec. 3830.5 Definitions.
* * * * *
Claimant means the person under Federal law who is the owner of all
or any part of an unpatented mining claim or site. The claimant may be
someone other than the person who originally located the claim or site.
Closed to mineral entry means the land is not available for the
location of mining claims or sites because Congress, the President, the
Secretary, or another surface managing agency has withdrawn or
otherwise segregated the lands from operation of the General Mining
Law.
* * * * *
Processing fee means the administrative nonrefundable fixed fee as
shown in the table at Sec. 3000.12 of this chapter under Mining Law
Administration, which must be paid at the time documents are filed.
* * * * *
Related party means:
(1) The spouse and dependent children of the claimant as defined in
26 U.S.C. 152; or
(2) A person who controls, is controlled by, or is under common
control with the claimant.
* * * * *
Split estate lands means those lands where the United States owns
the mineral estate as part of the public domain, but not the surface.
* * * * *
[FR Doc. 2025-16754 Filed 8-29-25; 8:45 am]
BILLING CODE 4331-29-P
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