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USDA/FS RIN: 0596-AD32 Publication ID: Fall 2018 
Title: Update and Clarification of the Locatable Minerals Regulations 
Abstract:

The Forest Service proposes the amendment of its locatable mineral regulations that better reflect the needs of both the Forest Service and mining industry. By addressing recent issues and remedying existing weakness in current regulations that have been identified, the Forest Service will be in a better position to better implement its mining regulations. The goals of the regulatory revision are 1) to expedite Forest Service review and approval of certain proposed mineral operations authorized by the United States mining laws; 2) to increase consistency with the United States Department of the Interior, Bureau of Land Management (BLM) surface management regulations governing operations authorized by the United States mining laws to assist those who conduct these operations on lands managed by each agency; and 3) to increase the Forest Service’s nationwide consistency in regulating mineral operations authorized by the United States mining laws.

 
Agency: Department of Agriculture(USDA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Prerule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 36 CFR 228 (A)   
Legal Authority: 30 U.S.C. 612   
Legal Deadline:  None

Statement of Need:

The Forest Service proposes the amendment of its locatable mineral regulations to better reflect the needs of both the Forest Service and mining industry. By addressing recent issues and remedying existing weakness in current regulations that have been identified, the Forest Service will be in a better position to implement its mining regulations, thus reducing processing timelines and redundancies.

Summary of the Legal Basis:

The Mining Law of 1872, as amended, confers a statutory right to enter upon certain National Forest System lands to search for locatable minerals. These rules govern prospecting, exploration, development, mining, and processing operations conducted on National Forest System lands.

 

Alternatives:

A no action alternative would leave the regulations unchanged, thus maintaining the status-quo.

Anticipated Costs and Benefits:

Not applicable.

Risks:

Not applicable.

Timetable:
Action Date FR Cite
ANPRM  09/13/2018  83 FR 46451   
ANPRM Comment Period End  10/15/2018 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Ann Goode
Department of Agriculture
Forest Service
1400 Independence Avenue SW,
Washington, DC 20250
Phone:202 740-6286
Email: ann.goode@usda.gov