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Last updated: 04/04/03

For release October 18, 1996

Contacts:

Tom Gorey, 202/452-5031
Brenda Aird, 202/452-0351

BLM Proposes Streamlined Solid Minerals Rule That Would Use "Plain English" for Clarity

The Bureau of Land Management today published a proposed new rule that would reorganize existing regulations dealing with solid leasable minerals other than coal, such as sulfur, sodium, potassium, and phosphorus. Under the proposed rule, the BLM would replace commodity-specific solid minerals regulations with a unified, significantly shorter regulation that would cover all such minerals. In addition, the proposed new regulation would be written in "plain English," making it easier for the public to understand.

"This proposed rule seeks to be reader-friendly while it streamlines the BLM's solid minerals regulations," said Hord Tipton, Assistant Director for Minerals, Realty, and Resource Protection.

The proposed rule, published in today's Federal Register, would affect all parts of the current 43 Code of Federal Regulations (CFR), part 3500, except part 3580, which deals with congressionally designated special areas, and part 3590, which deals with solid minerals operations. Under the proposed new rule, the BLM:

• Would eliminate, in certain cases, the requirement that a lease applicant submit a land description with his or her application for a preference right lease or for assignments, which are transfers of title or other rights to the lease. Those applicants who have already submitted a land description in a prospecting permit or original lease would not have to do so again.
• Would increase the State acreage limit for potassium leases to 80,000 acres. Currently, 43 CFR 3530.3 specifies that there is a per-State acreage limit of 51,200 acres for holders of potassium leases or permits. The proposed increase better reflects the needs of modern industry.
• Would clarify that lands the BLM exchanges with other parties must be of equal, rather than comparable, value. This proposed change would implement provisions of the Federal Land Exchange Facilitation Act of 1988, which allows the BLM and other Federal agencies to negotiate monetary payments to achieve equality in an exchange.
• And would clarify the existing definition of "valuable deposit." The proposed rule would specify that the profitability of mineral development is an important consideration in the BLM's determination of whether a company has a reasonable prospect of successfully developing a particular mineral deposit.

The BLM is seeking comments from the public on the proposed rule no later than January 16, 1997. The comments, which must be submitted in writing, may be sent by regular mail to the Bureau of Land Management, Administrative Record, Room 401-LS, 1849 C St., N.W., Washington, D.C. 20240. For electronic mail, comments may be sent via Internet to WOComment@wo.blm.gov. Those who want to deliver their comments by hand should go to Room 401 of the BLM's Washington, D.C., Office at 1620 L St.

Copies of the proposed rule can be obtained from any BLM State Office or from the BLM in Washington, D.C. The contacts in Washington, D.C., are Tom Gorey at (202) 452-5031 or Brenda Aird at (202) 452-0351. The text of the proposed rule can be viewed at the BLM's web site under "Breaking News / Regulatory Actions."

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