2001 Final Regulations and Correcting Amendments

1. 43 CFR Part 1820--Application Procedures, 5/24/01, 66 FR 28672-28673
2. 43 CFR Part 2560--Alaska Native Veterans Allotments, 10/16/01, 66 FR 52544-52547
3. 43 CFR Parts 3100, 3106, 3108, 3130, and 3160--Oil and Gas Leasing:  Onshore Oil and Gas Operations, 1/10/01, 66 FR 1883-1894
4. 43 CFR Parts 3100, 3106, 3108, 3130, and 3160--Oil and Gas Leasing:  Onshore Oil and Gas Operations; Delay of Effective Date, 2/8/01, 66 FR 9527-9528.
5. 43 CFR Part 3160--Oil and Gas Leasing; Onshore Oil and Gas Operations; confirmation of effective date, 11/9/01, 66 FR 56616
6. 43 CFR Parts 3600, 3610, 3620, and 3800--Mineral Materials Disposal; Sales; Free Use, 11/23/01, 66 FR 58891-58910
7. 43 CFR Parts 3600, 3610, 3620, and 3800--Mineral Materials Disposal; Sales; Free Use; Correction, 12/6/01, 66 FR 63334
8. 43 CFR Part 3800--Mining Claims Under the General Mining Laws; Surface Management, 6/15/01, 66 FR 32571-32575
9. 43 CFR Part 3800--Mining Claims Under the General Mining Laws; Surface Management, 10/30/01, 66 FR 54833-54862

• 43 CFR Parts 3600, 3610, 3620, and 3800--Mineral Materials Disposal; Sales; Free Use, Federal Register, 11/23/01, 66 FR 58891-58910.  (See Federal Register correction of 12/6/01, 66 FR 63334)  The final rule will--
  
  
  • Amend BLM's mineral materials regulations by adding or amending provisions on inspection of operations, production verification, contract renewal, procedures for cancellation, bonding and appeals.
  • Address the rights of purchasers and permittees versus subsequent users of the same land.
  • Amend the regulations, in part, because notices of intended sale of mineral materials have inspired speculative entries conflicting with the proposed sale, and because BLM has encountered difficulties in verifying production.
    
    
• 43 CFR Part 3160--Oil and Gas Leasing; Onshore Oil and Gas Operations, Federal Register, 11/9/01, 66 FR 56616.  BLM is confirming the effective date for a portion of the final rule concerning joint and several liability for drainage protection published January 10, 2001.  The removal of 43 CFR 3162.2(a) and the addition of 43 CFR 3162.2-7 published January 10, 2001 (66 FR 1883) and delayed February 8, 2001 (66 FR 9527), April 10, 2001 (66 FR 18569), and August 7, 2001, (66 FR 41149), until November 6, 2001, is confirmed effective as of November 6, 2001.
  
  
• 43 CFR Part 3800--Mining Claims Under the General Mining Laws; Surface Management , Federal Register, 10/30/01, 66 FR 54833-54862.  The key elements of the final rule include--
  
  
  • Retaining the financial guarantee (so-called "bonding") provisions;
  • Retaining the general mining performance standards and revising most environmental and operational performance standards, while also retaining key standards that address the use of cyanide in mining operations and acid mine drainage;
  • Removing the "substantial irreparable harm" provision;
    Modifying the joint and several liability provision; and
  • Removing provisions relating to civil penalties, which the BLM believes may require Congressional authorization.
    
    
• 43 CFR 2560--Alaska Native Veterans Allotments, Federal Register, 10/16/01, 66 FR 52544-52547.  This final rule amends the final regulations published in the Federal Register on June 30, 2000.  This final rule--
  
  
  
  • Allows certain Alaska Native veterans another opportunity to apply for a Native Allotment under the repealed Native Allotment Act of 1906.  Congress passed the Alaska Native Veterans Allotment Act in 1998 which mandates regulations to implement it.
  • Enables certain Alaska Native veterans who, because of their military service, were not able to apply for an allotment during the 1970s, to do so now.
    
    
• 43 CFR Part 3800--Mining Claims Under the General Mining Laws; Surface Management,  Federal Register, 6/15/01, 66 FR 32571-32575.  This final rule amends at this time only one provision of its regulations for surface management of mining operations conducted under the Mining Laws.  The rule changes the date by which operators with plans of operation approved by BLM before January 20, 2001, must provide a financial guarantee--from July 19, 2001, to November 20, 2001, and to September 13, 2001, for operations without any financial guarantee.
  
  
• 43 CFR Part 1820--Application Procedures, Federal Register, 5/24/01, 66 FR 28672-28673.  This administrative final rule amends the regulations of October 1, 1999, on execution and filing of forms to reflect the new address of the California and Montana State Offices of BLM.
  
  
• 43 CFR Parts 3100, 3106, 3108, 3130, and 3160--Oil and Gas Leasing:  Onshore Oil and Gas Operations; Delay of Effective Date, Federal Register, 2/8/01, 66 FR 9527-9528.  A memorandum from the Assistant to the President and Chief of Staff on January 20, 2001, directed agencies to delay for 60 days the effective date of final rules published but not yet in effect.  The Federal Register notice changes the effective date of the rule from February 9, 2001, to a new effective date of April 10, 2001.
  
  
• 43 CFR Parts 3100, 3106, 3108, 3130, and 3160--Oil and Gas Leasing:  Onshore Oil and Gas Operations, Federal Register, 1/10/01, 66 FR 1883-1894.  This final rule--
  
  
  
  • Specifies that all who hold interest in record title or operating rights are "jointly and severally" liable for protecting Federal or Indian mineral resources from drainage, including the payment of any required compensatory royalties.
  • States that the duty of a lessee or operator to pay compensatory royalties for drainage begins at a reasonable time after a prudent operator could have known that drainage was occurring.
  • Informs lessees and operators of their duty to monitor wells in the same or adjacent spacing units (areas where exploration or development is taking place) and to gather sufficient information to determine if drainage is occurring.
  • Informs responsible parties of their duty to protect mineral resources from drainage by drilling a protective well or by entering into an agreement to pay compensatory royalties.
  • Clarifies the responsibilities of a lessee on well abandonment and site reclamation when the lessee assigns its lease interest.
     

Correcting Amendments

• 43 CFR Part 3160--Oil and Gas Leasing; Onshore Oil and Gas Operations--RIN 1004-AC54 (Federal Register, 5/11/01, 66 FR 24073).  This document contains corrections to the amendatory instructions of the final regulations on protecting Federal and Indian oil and gas resources from drainage published in the Federal Register on January 10, 2001 (66 FR 1883) and delayed on February 8, 2001 (66 FR 9527).
  
  
• 43 CFR Part 3200--Geothermal Resources Leasing and Operations; Correction--RIN 1004-AB18 (Federal Register, 5/16/01, 66 FR 27040).  This document contains a correction to the current regulations for geothermal resources leasing and operations published in the Federal Register on September 30, 1998 (63 FR 52356).
  
  
• 43 CFR Parts 3600, 3610, 3620, and 3800--Mineral Materials Disposal; Sales; Free Use; Correction,  Federal Register, 12/6/01, 66 FR 63334.  This final rule corrects the effective date of the final rule published on November 23, 2001 (66 FR 58892), to read January 22, 2002, not December 24, 2001.