2006 Final Regulations and Correcting Amendments 

1. 43 CFR Part 1820--Application Procedures, Execution and Filing of Forms: Correction of State Office Address for Filings and Recordings, Proper Offices for Recording of Mining Claims, 3/3/06, Federal Register, 71 FR 10844-10846
2. 43 CFR Parts 2091 and 2710--Public Sales, 11/20/06, Federal Register, 71 FR 67066-67068
3. 43 CFR Part 2560--Alaska Native Veteran Allotments, 9/14/06, Federal Register, 71 FR 54199-54202.  See 9/26/06 final rule correction notice  (71 FR 56225)
4. 43 CFR Part 3100--Oil and Gas Lease Acreage Limitation Exemptions and Reinstatement of Oil and Gas Leases, 3/24/06, Federal Register, 71 FR 14821-14823
5. 43 CFR Part 3140--Leasing in Special Tar Sand Areas, 5/18/06, Federal Register, 71 FR 28778-28779 
6. 43 CFR Part 4100--Grazing Administration--Exclusive of Alaska, 7/12/06, Federal Register, 71 FR 39401-39509.  See 9/1/06 final rule correction notice  (71 FR 52012)
7. 43 CFR Part 5420--Preparation for Sale, 5/26/06, Federal Register, 71 FR 30291-30294 

• 43 CFR Parts 2091 and 2710--Public Sales, 11/20/06, Federal Register, 71 FR 67066-67068.  The BLM amends its procedural regulations pertaining to the time allowed for the segregation of public lands proposed for sale.  Under the existing regulations, the BLM may segregate these lands from the operation of the public land and mineral laws for a period of up to 270 days following publication of a Notice of Realty Action in the Federal Register.  The Department of the Interior has imposed this time constraint under its discretion and not as a requirement of law.  The current segregation period compresses the time necessary to address comments or protests the BLM receives after publication of a Notice of Realty.  In order to address comments or protests in the normal course of business, as to future proposed sales, this final rule allows the BLM to segregate lands initially for a period of up to two years with the option to extend, if necessary, the initial period of segregation up to two additional years on a case-by-case basis.  The BLM also is amending its segregation regulation at 43 CFR 2091.2-1 so that it will be consistent with the changes made in the BLM's public sale regulations.
  
  
• 43 CFR Part 2560--Alaska Native Veteran Allotments, 9/14/06, Federal Register, 71 FR 54199-54202.  The BLM is amending its regulations governing Alaska Native veteran allotments.  The existing regulations allowed certain Alaska Native veterans another opportunity to apply for a Native allotment under the repealed Native Allotment Act of 1906.  This final rule will--
  
  
  • Remove the requirement that veteran applicants must have posted the land by marking all corners on the ground with their name and address prior to filing an application with BLM; and
  • Make the processing of Alaska Native veteran allotments more like that of allotments adjudicated under the 1906 Act.
    
    
• 43 CFR Part 4100--Grazing Administration--Exclusive of Alaska, 7/12/06, Federal Register, 71 FR 39401-39509.  The BLM is amending its regulations concerning how BLM administers livestock grazing on public lands.  The changes--
  
  
  • Ensure that BLM documents its consideration of the social, cultural, environmental, and economic consequences of grazing changes;
  • Provide that changes in grazing use will be phased in under certain circumstances;
  • Allow permittees, lessees, and others to share title to range improvements with BLM in certain circumstances;
  • Make clear how BLM will authorize grazing if a BLM decision affecting a grazing permit is stayed pending administrative appeal;
  • Remove provisions in the present regulations concerning conservation use grazing permits;
  • Ensure adequate time for developing and successfully implementing an appropriate management action when BLM finds that rangelands do not meet standards and guidelines for rangeland health and that authorized grazing is a significant factor in not achieving one or more land health standards or not conforming with guidelines for grazing administration; and
  • Revise some administrative service charges.
    

We intend these changes to contribute to improving working relationships with permittees and lessees, protecting the health of the rangelands and increasing administrative efficiency and effectiveness.

• 43 CFR Part 5420--Preparation for Sale, 5/26/06, Federal Register, 71 FR 30291-30294.  The rule amends the BLM regulations on preparation for timber sales to allow third party scaling on density management sales, with an upper limit on quadratic mean diameter at breast height (DBH) of the trees to be harvested of 20 inches.  Third party scaling will be limited to the situations described in the amended provision, that is--
  
  
  • If a timber disaster has occurred and a critical resource loss is imminent, and tree cruising and BLM scaling are inadequate to permit orderly disposal of the damaged timber [provision in existing regulations]; or
  • If BLM is carrying out density management timber sales subject to the size limits stated above.
    

Thus, third party scaling will generally not be used for sales of higher-value and/or larger diameter timber.  BLM is amending the regulations to improve the efficiency of density management timber sales where the timber to be harvested may be designated by prescription (a written prescription included in the timber sale contract).  The regulations will no longer require that BLM perform all scaling except in the event that a timber disaster is threatening imminent critical resource loss and scaling by BLM would be inadequate to permit orderly disposal of the damaged timber.  In the case of density management timber sales when the quadratic mean DBH of trees to be cut and removed is equal to or less than 20 inches, the regulations will only allow third party scaling by scalers or scaling bureaus under contract to BLM.

• 43 CFR Part 3140--Leasing in Special Tar Sand Areas, 5/18/06, Federal Register, 71 FR 28778-28779.  The BLM is issuing final regulations for the leasing of hydrocarbons, except coal, gilsonite and oil shale, in special tar sand areas.  In this rule, BLM implements provisions of the Energy Policy Act of 2005.  This final rule also makes technical corrections to the interim final rule regulations BLM issued in October 2005.
  
  
• 43 CFR Part 1820--Application Procedures, Execution and Filing of Forms: Correction of State Office Address for Filings and Recordings, Proper Offices for Recording of Mining Claims, 3/3/06, Federal Register, 71 FR 10844-10846.  The final rule updates the address of the BLM Montana State Office in the Code of Federal Regulations.
  
  
• 43 CFR Part 3100--Oil and Gas Lease Acreage Limitation Exemptions and Reinstatement of Oil and Gas Leases, 3/24/06, Federal Register, 71 FR 14821-14823.  The BLM is issuing this final rule to amend its regulations to conform to provisions of the Energy Policy Act of 2005 (EPAct) that changed oil and gas lease acreage limitations and oil and gas lease reinstatement provisions.  Section 352 of the EPAct expands the types of lease holdings that are exempt from the lease acreage holding limitations.  Section 371 of the EPAct extends the time to file a lease reinstatement petition from 15 months to 24 months.
   

2006 Correcting Amendments

• 43 CFR Part 2560--Alaska Native Veteran Allotments; Correction. 9/26/06, Federal Register, 71 FR 56225.  The notice corrects a final rule published in the Federal Register on September 14, 2006--
  
  
  • On page 54200, in the first column, under the DATES heading, in the second line, "October 16, 2003." should read "October 16, 2006.".
    
    
• 43 CFR Part 4100--Grazing Administration--Exclusive of Alaska. 9/1/06, Federal Register, 71 FR 52012.   The notice corrects editorial and typographical errors in a final rule published in the Federal Register on July 12, 2006, regarding the administration of livestock grazing on public lands managed by BLM.