2003 Final Regulations and Correcting Amendments

1. 43 CFR Parts 4, 4100, and 5000--Special Rules Applicable to Public Land Hearings and Appeals; Grazing Administration--Exclusive of Alaska, Administrative Remedies; Grazing Administration--Effect of Wildfire Management Decisions; Administration of Forest Management Decisions, 6/5/03, Federal Register, 68 FR 33793-33804.
2. 43 CFR Part 1820--Application Procedures, 4/16/03, Federal Register, 68 FR 18553-18555
3. 43 CFR Part 1860--Conveyances, Disclaimers and Correction Documents 1/6/03, Federal Register, 68 FR 494-503
4. 43 CFR Parts 3710, 3730, et al.--Locating, Recording, and Maintaining Mining Claims or Sites, 10/24/03, Federal Register, 68 FR 61046-61081 

• 43 CFR Parts 3710, 3730, et al.--Locating, Recording, and Maintaining Mining Claims or Sites, 10/24/03, Federal Register, 68 FR 61046-61081.  The BLM is publishing this rule to streamline the regulations on locating, filing, and maintaining mining claims or sites by consolidating provisions that were scattered in various portions of Groups 3700 and 3800 into ten consecutive parts placing the provisions in logical order, clarifying conflicting language, eliminating duplication, and removing obsolete provisions.  These revisions are part of BLM's overall effort to rewrite regulations in plain language to make them easier for the public to use and understand and to provide better customer service  [See final rule correction of 12/23/03, 68 FR 74196-74197.]
  
  

• 43 CFR Parts 4, 4100, and 5000--Special Rules Applicable to Public Land Hearings and Appeals; Grazing Administration--Exclusive of Alaska, Administrative Remedies; Grazing Administration--Effect of Wildfire Management Decisions; Administration of Forest Management Decisions, 6/5/03, Federal Register, 68 FR 33793-33804.  The final rule is effective July 7, 2003.  The Office of Hearings and Appeals (OHA) is amending its existing regulations governing hearings and appeals to--
  
  

  • Codify who has a right of appeal;
  • Expedite its review of wildfire management decisions; and
  • Simplify proof of service.

The Bureau of Land Management (BLM) is adding regulations allowing BLM to--

• Make its wildfire management decisions effectively immediately when BLM determines that vegetation, soil, or other resources on the public lands are at substantial risk of wildfire due to drought, fuels buildup, or other reasons, or at immediate risk of erosion or other damage due to wildfire; and
• Expedite review of those decisions.
• The amendments to both the OHA and BLM regulations are needed to clarify and expedite administrative review procedures.
  
  
• 43 CFR Part 1820--Application Procedures, 4/16/03, Federal Register, 68 FR 18553-18555.  The Bureau of Land Management is issuing this rule for the convenience of the public to update a list of State Offices and Areas of Jurisdiction included in the Code of Federal Regulations.
  
  
• 43 CFR Part 1860--Conveyances, Disclaimers and Correction Documents, 1/6/03, Federal Register, 68 FR 494-503.  The final rule amends the regulations by--
  
  
  • Removing the 12-year regulatory filing deadlines for states;
  • Removing the requirement that an applicant be a "present owner of record" to be qualified under the Act;
  • Allowing any entity claiming title, not just current owners of record, to apply for a disclaimer of interest;
  • Defining the term "state" as it is used in today's rule; and
  • Clarifying how we will approve disclaimer applications involving another Federal land managing agency.
    

Correcting Amendments

• 43 CFR Parts 3710, 3730, 3810, 3820, 3830-3840, and 3850--Locating, Recording, and Maintaining Mining Claims or Sites; Correction, 12/23/03, Federal Register, 68 FR 74196-74197.  The document corrects the final rule published in the Federal Register on October 24, 2003.  As published, the final rule contained editorial and typographical errors in the preamble and regulatory text, some of which may prove to be misleading.
  
  
  
• 43 CFR Part 3800--Mining Claims Under the General Mining Laws; Correction, 6/2/03, Federal Register, 68 FR 32656.  The amendment corrects a nonexistent cross-reference section 3809.800(c) which may confuse or mislead the public.  The BLM has changed the cross-reference from section 3809.800(c) to section 3809.802.  The final rule was published on November 21, 2000, in the Federal Register.  See 65 FR 69997-70046.