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Department of the Interior Bureau of Land Management Tuesday, November 21, 2000 Part II Department of the Interior Bureau of Land Management 43 CFR Part 2090, et al. Mining Claims Under the General Mining Laws; Surface Management; Final Rule VerDate 11<MAY>2000 17:22 Nov 20, 2000 Jkt 194001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\21NOR2.SGM pfrm01 PsN: 21NOR2 69998 Federal Register / Vol. 65, No. 225 / Tuesday, November 21, 2000 / Rules and Regulations DEPARTMENT OF THE INTERIOR degradation of the public lands. See 43 pay for a study by the National Research U.S.C. 1732(b). FLPMA also directs the Council (NRC) Board on Earth Sciences Bureau of Land Management Secretary of the Interior, with respect to and Resources. The study was to public lands, to promulgate rules and examine the environmental and 43 CFR Parts 2090, 2200, 2710, 2740, regulations to carry out the purposes of reclamation requirements relating to 3800 and 9260 FLPMA and of other laws applicable to mining of locatable minerals on Federal the public lands. See 43 U.S.C. 1740. lands and the adequacy of those [WO±300±1990±00] ``Public lands'' are defined in FLPMA requirements to prevent unnecessary or RIN 1004±AD22 (in pertinent part) as ``any land and undue degradation of Federal lands in interest in land owned by the United each State in which such mining occurs. Mining Claims Under the General States * * * and administered by the The law directed NRC to complete the Mining Laws; Surface Management Secretary of the Interior through the study by July 31, 1999. Bureau of Land Management. * * *'' In the 1999 Emergency Supplemental AGENCY: Bureau of Land Management, See 43 U.S.C. 1702. This final rule is Appropriations Act (Pub. L. 106±31, sec. Interior. also authorized by 30 U.S.C. 22, the 3002), Congress prohibited the ACTION: Final rule. portion of the mining laws that opens Department of the Interior from public lands to exploration and completing its work on the February 9, SUMMARY: The Bureau of Land purchase ``under regulations prescribed 1999, proposed rule and issuing a final Management (BLM or ``we'') amends its by law.'' 1 rule until we provide at least 120 days regulations governing mining operations Under this statutory authority, BLM for public comment on the proposed involving metallic and some other issued regulations in 1980 to protect rule after July 31, 1999. The NRC minerals on public lands. We are public lands from unnecessary or undue completed and published its report, amending the regulations to improve degradation and to ensure that areas entitled, Hardrock Mining on Federal their clarity and organization, address disturbed during the search for and Lands (hereafter the NRC Report), in late technical advances in mining, extraction of mineral resources are September 1999. Accordingly, we incorporate policies we developed after reclaimed. See 45 FR 78902±78915, reopened the comment period on the we issued the previous regulations November 26, 1980. We call these proposed rule and the draft EIS for 120 twenty years ago, and better protect regulations the ``surface management'' days. See 64 FR 57613, October 26, natural resources and our Nation's regulations. They are located in subpart 1999. We also supplemented the natural heritage lands from the adverse 3809 of part 3800 of Title 43 of the Code proposed rule with some of the impacts of mining. We intend these of Federal Regulations. For this reason, recommendations from the NRC and regulations to prevent unnecessary or they are also called the ``3809'' asked for public comment on them. undue degradation of BLM- regulations. In the fiscal year 2000 appropriations administered lands by mining We amended the 1980 regulations in bill for the Department of the Interior operations authorized under the mining 1997 to strengthen the bonding (Pub. L. 106±113, sec. 357), Congress laws. requirements, but the 1997 amendments prohibited the Secretary from spending DATES: This rule is effective January 20, were overturned. Thus, the 1980 money to issue final 3809 rules, except 2001. regulations, unchanged for 20 years, that he may issue final rules ``which are FOR FURTHER INFORMATION CONTACT: remain in place. Please refer to the not inconsistent with the Robert M. Anderson, 202/208±4201; or ``Background'' section of the proposed recommendations contained in the Michael Schwartz, 202/452±5198. rule for a detailed description of our [NRC Report] so long as these Individuals who use a efforts to develop revised regulations regulations are also not inconsistent telecommunications device for the deaf (64 FR 6423±6425, February 9, 1999). with existing statutory authorities.'' (TDD) may contact us through the On February 9, 1999, we published in Congress also added this provision to Federal Information Relay Service at 1± the Federal Register a proposed rule to the Department's fiscal year 2001 800/877±8339. amend the 3809 regulations. See 64 FR appropriations bill (Pub. L. 106±291, 6422±6468. The 120-day public SUPPLEMENTARY INFORMATION: section 156). comment period closed on May 10, I. What is the Background of this We received and considered a total of Rulemaking? 1999. We issued the notice of about 2,500 public comments during II. How did BLM Change the Proposed Rule availability for the draft environmental both 120-day comment periods. While in Response to Comments? impact statement (EIS) that analyzes the many comments merely expressed III. How did BLM Fulfill its Procedural potential impacts of the proposed support or opposition for the proposed Obligations? changes to the 3809 regulations on rule, some comments offered useful and February 17, 1999 (64 FR 7905). The constructive suggestions for changes to I. What Is the Background of This comment period on the draft EIS also Rulemaking? the proposed rule. Where possible and closed on May 10, 1999. advisable, we made changes to the Under the Constitution, Congress has In the 1998 Omnibus Consolidated proposed rule to incorporate the the authority and responsibility to and Emergency Supplemental suggestions contained in these manage public land. See U.S. Const. art. Appropriations Act (Pub. L. 105±277, comments. Part II of this preamble IV, § 3, cl. 2. Through statute, Congress sec. 120(a)), Congress directed BLM to describes the substantive changes to the has delegated this authority to proposed rule that we incorporated into executive-branch agencies, including 1 Although BLM is responsible for administration this final rule. the Bureau of Land Management (BLM). of the mining laws for lands within the National Forest System, the Secretary of Agriculture has Legal Basis for the Final Rule The Federal Land Policy and responsibility for promulgating rules and Management Act of 1976 (FLPMA), 43 regulations applicable to surface management of This final rule is supported by U.S.C. 1701 et seq., directs the Secretary lands within the National Forest System. For this FLPMA and the Mining Law of 1872, as reason, none of the regulatory changes we are amended (hereafter ``mining laws''). of the Interior, by regulation or adopting apply to the National Forests. See 36 CFR otherwise, to take any action necessary part 228 for regulations governing mining Section 302(b) of FLPMA, 43 U.S.C. to prevent unnecessary or undue operations on National Forests. 1732(b), directs the Secretary to manage VerDate 11<MAY>2000 17:22 Nov 20, 2000 Jkt 194001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\21NOR2.SGM pfrm01 PsN: 21NOR2 Federal Register / Vol. 65, No. 225 / Tuesday, November 21, 2000 / Rules and Regulations 69999 development of the public lands. In In addition to this preamble, the by the NRC Report, it could have said addition, the final rule we are adopting preamble to the February 9, 1999 so, but did not. Congress used the ``not today carries out the FLPMA directive proposed rule (64 FR 6422) and the inconsistent with'' language, which is that, ``[i]n managing the public lands, comment responses in the final EIS much less restrictive than other possible the Secretary shall, by regulation or (Volume 2) also contribute to the basis formulations, such as the rules must be otherwise, take any action necessary to and purpose of this rule. ``limited to'' or ``restricted to'' or ``must prevent unnecessary or undue not go beyond'' the recommendations of Consistency With the NRC Report degradation of the public lands.'' See 43 the NRC Report. Recommendations U.S.C. 1732(b). The ``any action This interpretation of Congress's necessary'' language of this provision In the fiscal year 2000 appropriations purpose in the fiscal year 2000 Interior shows that Congress granted the bill for the Department of the Interior appropriation is supported by recent Secretary broad latitude in the (Pub. L. 106±113, sec. 357), Congress Congressional action to twice expressly preventive actions that he could take. prohibited the Secretary from spending reject language (once in bill text and Congress did not define the term money to issue final 3809 rules other once in a conference report) that would ``unnecessary or undue degradation,'' than those ``which are not inconsistent have imposed a greater limitation on the but it is clear from the use of the with the recommendations contained in Secretary's authority to amend subpart conjunction ``or'' that the Secretary has the [NRC Report] so long as these 3809 than the ``not inconsistent with'' the authority to prevent ``degradation'' regulations are also not inconsistent language of the fiscal year 2000 that is necessary to mining, but undue with existing statutory authorities.'' appropriations rider (Pub. L. 106±113, or excessive. This includes the authority Comments we received during the section 357). By way of background, on to disapprove plans of operations that second comment period indicate that December 8, 1999, the Interior would cause undue or excessive harm to there are divergent views on the Department Solicitor issued an opinion the public lands.
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