Comment from ASARCO LLC
ASARCO LLCSupportBusiness
Summary: ASARCO LLC, a mining company, recommends that the Bureau of Land Management rescind specific rules (43 C.F.R. Subpart 3809) that apply to patented non-mineral surface estates overlying federally-reserved minerals. They argue these rules are ultra vires and contrary to the legislative intent of the Stock Raising Homestead Act and the Federal Land Policy and Management Act.
Attached please find ASARCO LLC's recommendation that the U.S. Department of the Interior's Bureau of Land Management rescind the rules that apply 43 C.F.R. Subpart 3809 to patented non-mineral (surface) estates that overlie federally-reserved minerals because those rules are contrary to the Federal Land
Policy and Management Act and legislative intent of the Stock Raising Homestead Act and otherwise ultra vires.