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1999 Final Regulations

  1. 43 CFR Part 1820--Application Procedures, 10/1/99, 64 FR 53213-53217
  2. 43 CFR Parts 3400 and 3420--Public Participation in Coal Leasing, 9/28/99, 64 FR 52239-52243
  3. 43 CFR Parts 3500, 3510, 3520, 3530, 3540, 3550, 3560, and 3570--Leasing of Solid Minerals
    Other Than Coal and Oil Shale,10/1/99, 64 FR 53511-53556
  4. 43 CFR Part 3800--Mining Claims Under the General Mining Laws; Surface Management, 10/1/99, 64 FR 53218-53220



  • 43 CFR Parts 3400 and 3420--Public Participation in Coal Leasing  (Federal Register, 9/28/99, 64 FR 52239-52243).  This final rule clarifies terms of a settlement agreement and a March 1995 law.  In the settlement agreement, BLM agreed to establish procedures where the public may participate in the regional coal leasing process by regulations.  This final rule would also amend the regulations to conform to statutory changes under the Unfunded Mandates Reform Act of 1995 exempting several types of meetings from Federal Advisory Committee Act (FACA) requirements.  As a result of this change, regional coal team meetings are exempt from FACA requirements.

  • 43 CFR Parts 3500, 3510, 3520, 3530, 3540, 3550, 3560, and 3570--Leasing of Solid Minerals Other Than Coal and Oil Shale  [pdf] (Federal Register, 10/1/99, 64 FR 53511-53556).  This final rule--

    • Complies with the government-wide mandate to reform regulations;
    • Completely reorganizes the solid mineral leasing program regulations. Under the previous rule, each solid mineral commodity had its own separate regulations, much of which was repeated for each commodity;
    • Combines these solid minerals into one set of regulations, streamlines, updates, and rewrites them in plain language;
    • Makes minor substantive changes which are intended to clarify the responsibilities of BLM and our customers; and
    • Makes our solid mineral leasing regulations easier and more efficient to use.

  • 43 CFR Part 1820--Application Procedures  (Federal Register, 10/1/99, 64 FR 53213-53217).  This final rule--

    • Spells out procedures for payments, refunds, and requirements for publication and posting of notices.
    • Describes how to file applications or other documents with BLM.
    • Provides guidance on how BLM determines priority for applications filed simultaneously.
    • Steamlines, modernizes, and clarifies existing provisions.
    • Removes obsolete and unnecessary requirements.

  • 43 CFR Part 3800--Mining Claims Under the General Mining Laws; Surface Management  (Federal Register, 10/1/99, 64 FR 53218-53220).  The final rule amends subpart 3809 on Surface Management of mining claims by removing text found invalid in Northwest Mining Association v. Babbitt by the U.S. District Court for the District of Columbia in 1998, and restores text that was removed at the time the invalid language was published.  The regulations currently appearing in the Code of Federal Regulations are invalid. Under an instruction memorandum, BLM is following the regulations that were replaced in 1997 by the invalid regulations. This is misleading and confusing for our customers and the public.  This final rule restores the old regulations exactly as they were on February 28, 1997, when the valid regulations were published.

    Important elements of this rule--

    • BLM no longer requires operators with "notice level" operations to provide financial guarantees, unless the operators have a record of non-compliance.
    • BLM no longer requires operators with "notice level" operations to provide Professional Engineer certification that a bond is sufficient.

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