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Petotion to Repeal increased association placer claim fees


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Secretary Kenneth Salazar

U.S. Department of the Interior

1849 C Street, N.W., Mail Stop 7329

Washington, D.C. 20240

kensalazar@ios.doi.gov

Date ___________

Secretary of the Interior:

On behalf of the thousands of association placer mining claimants adversely affected. Pursuant to the Administrative Procedure Act (APA), 5 U.S.C. § 553(e), and the Department of the Interior’s (DOI) regulations, 43 C.F.R. § 14.2. We formally Petition DOI to immediately withdraw or repeal the Interim final Rule as published in the Federal Register Vol. 77, No. 145 / Friday, July 27, 2012 / Rules and Regulations / Administration of Mining Claims and Sites (See Exhibit -1) for sound reasons found within the “Public Comments” of the proceedings. Which we incorporate each and every part of as Exhibits herein (See regulations.gov links below).

http://www.regulations.gov/#!docketDetail;D=BLM-2012-0002

http://www.regulations.gov/#!documentDetail;D=BLM-2012-0002-0002

Which, plainly demonstrate clear convincing reasons in support of the petition, as follows;

A), DOI did not have legitimate “Good Cause” to find that notice and public procedure for this rule are unnecessary and that this rule may properly take effect upon publication under 5 U.S.C. § 553(b)(B);

B), DOI did not have legitimate “Good Cause” to place the rule into effect on the date of publication under 5 U.S.C. 553(d);

C), Throughout promulgation of this rule, DOI steadfastly asserted, it had no discretion to do other than it did. Yet, contrary to that statement, DOI demonstrated and utilized great discretion to omit certain critical parts of the legislation the rule was derived from.

D), This rule was promulgated without observance of procedure required by law;

E), This rule is not supported by substantial evidence;

F), This rule is unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court

G), This rule is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.

H), Signing off on a rule so obviously fundamentally flawed certainly raises the question of competence of the Secretarial Officer, Marcilynn A. Burke, Acting Assistant Secretary, Land and Minerals Management, who did.

I), DOI made this rule effective with only thirty five (35) days public Notice to those it harshly affected. The APA requires that agencies conclude matters presented to them within a reasonable time, 5 U.S.C. s 555(b). DOI has had in excess of ninety (90) days to consider the fifteen (15) straight forward public Comments made regarding it. Yet, arbitrarily refused to consider them, reply, or integrate any change those Comments clearly warranted.

For the aforesaid reasons, this rule should be immediately repealed.

Respectfully submitted,

 

_______________________

 

……………

5 USC § 553 (e) Each agency shall give an interested person the right to petition for the issuance, amendment, or repeal of a rule.

43 C.F.R. § 14.2, Filing of petitions.

Under the Administrative Procedure Act, any person may petition for the issuance, amendment, or repeal of a rule (5 U.S.C. 553(e)). The petition will be addressed to the Secretary of the Interior, U.S. Department of the Interior, Washington, DC 20240. It will identify the rule requested to be repealed or provide the text of a proposed rule or amendment and include reasons in support of the petition.

§ 14.3 Consideration of petitions.

The petition will be given prompt consideration and the petitioner will be notified promptly of action taken.

 

 

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