Rule2025-16755
Revisions to Regulations Regarding Locating, Recording, and Maintaining Mining Claims or Sites-Fees
Primary source
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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 fee 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 42334-42336]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16755]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3830
[Docket No. BLM-2025-0203; A2407-014-004-065516; #O2412-014-004-
047181.1]
RIN 1004-AF47
Revisions to Regulations Regarding Locating, Recording, and
Maintaining Mining Claims or Sites--Fees
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 fee 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 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-2025-0203'' 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-
AF47.
FOR FURTHER INFORMATION CONTACT: Kirk Rentmeister, National Mining Law
Program Lead, telephone: 775-435-5514; email: <a href="/cdn-cgi/l/email-protection#771c051219031a121e37151b1a59101801"><span class="__cf_email__" data-cfemail="a4cfd6c1cad0c9c1cde4c6c8c98ac3cbd2">[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
[[Page 42335]]
document in Docket Number BLM-2025-0203 on <a href="http://www.regulations.gov">www.regulations.gov</a>.
SUPPLEMENTARY INFORMATION: The Department's 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 D, ``BLM
Service Charge and Fee Requirements,'' sets out the fees required for
locating, recording, and maintaining mining claims, millsites, and
tunnel sites. Section 3830.21 identifies the different types of fees.
Section 3830.22 identifies when the BLM will issue refunds of fees.
Section 3830.23 addresses the types of payments, and what happens when
the issuing institution of a check, negotiable instrument, or credit
card refuses to pay. Section 3830.25 identifies when payment of fees
for new mining claims must be made.
The Department notes that all of these sections, as well as the
table of contents and heading for Subpart D, contain the term ``service
charge,'' rather than the current term ``processing fee.'' Because the
``service charge'' terminology is obsolete, the Department is revising
these regulations to conform to current terminology and to simplify the
wording. Additionally, the Department has determined that the authority
statement, the heading of Sec. 3830.20, and certain text in Sec.
3830.21 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 these two
regulations will be removed and the remaining provision renumbered.
Similarly, the reference to 30 U.S.C. 242 (the statute governing oil
shale placer mining claims) will be removed from the authority citation
and the remaining citations simplified. Finally, Sec. 3830.23(b) has
been reworded to clarify the BLM's longstanding procedure regarding
refused payments and when the BLM will accept a replacement payment.
The Department has determined that these reasons, independently and
alone, justify revision of 43 CFR part 3830 subpart D. 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
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 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.
[[Page 42336]]
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 of 1995 (44 U.S.C. 3501
et seq.); therefore, a submission to the OMB under the Paperwork
Reduction Act is not required.
National Environmental Policy Act (NEPA)
This direct final rule 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 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:
PART 3830--LOCATING, RECORDING, AND MAINTAINING MINING CLAIMS OR
SITES; GENERAL PROVISIONS
Subpart D--BLM Service Charge and Fee Requirements
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., 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 heading for subpart D to read as follows:
Subpart D--BLM Fee Requirements
0
3. Revise the heading of Sec. 3830.20 to read as follows:
Sec. 3830.20 Payment of processing fees, location fees, initial
maintenance fees, and annual maintenance fees.
0
4. Amend Sec. 3830.21 by:
0
a. Revising the section heading and introductory text;
0
b. Removing paragraph (g); and
0
c. Redesignating paragraph (h) as paragraph (g).
The revisions read as follows:
Sec. 3830.21 What are the different types of fees?
The following table lists processing fees, location fees, and
maintenance fees (all cross-references refer to this chapter):
* * * * *
0
5. Amend Sec. 3830.22 by revising the section heading and paragraph
(a) to read as follows:
Sec. 3830.22 When will the BLM refund fees?
(a) BLM will not refund processing fees, except for overpayments.
* * * * *
0
6. Amend Sec. 3830.23 by revising paragraph (b) to read as follows:
* * * * *
(b) If the issuing institution of your check, negotiable
instrument, or credit card refuses to pay, the BLM will treat the fees
as unpaid. If you provide documentation from the financial institution
showing that the institution made a mistake, and your original payment
was otherwise timely, the BLM will allow you to make a replacement
payment.
0
7. Revise Sec. 3830.25 to read as follows:
Sec. 3830.25 When do I pay for recording a new notice or certificate
of location for a mining claim or site?
You must pay the processing fee, location fee, and initial
maintenance fee, in full as provided in Sec. 3830.21 of this chapter,
at the time you record new notices or certificates of location with the
BLM.
[FR Doc. 2025-16755 Filed 8-29-25; 8:45 am]
BILLING CODE 4331-29-P
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