[Federal Register Volume 78, Number 159 (Friday, August 16, 2013)]
[Rules and Regulations]
[Pages 49945-49950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20037]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3000
[L13100000 PP0000 LLWO310000; L1990000 PO0000 LLWO320000]
RIN 1004-AE32
Minerals Management: Adjustment of Cost Recovery Fees
AGENCY: Bureau of Land Management, Interior.
ACTION: Final rule.
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SUMMARY: This final rule amends the Bureau of Land Management (BLM)
mineral resources regulations to update some fees that cover the BLM's
cost of processing certain documents relating to its minerals programs
and some filing fees for mineral-related documents. These updated fees
include those for actions such as lease renewals and mineral patent
adjudications.
DATES: This final rule is effective October 1, 2013.
ADDRESSES: You may send inquiries or suggestions to Director (630),
Bureau of Land Management, 2134LM, 1849 C Street NW., Washington, DC
20240; Attention: RIN 1004-AE32.
FOR FURTHER INFORMATION CONTACT: Steven Wells, Chief, Division of Fluid
Minerals, 202-912-7143, Mitchell Leverette, Chief, Division of Solid
Minerals, 202-912-7113; or Faith Bremner, Regulatory Affairs Analyst,
202-912-7441. Persons who use a telecommunications device for the deaf
(TDD) may leave a message for these individuals with the Federal
Information Relay Service (FIRS) at 1-800-877-8339, 24 hours a day, 7
days a week.
SUPPLEMENTARY INFORMATION:
I. Background
The BLM has specific authority to charge fees for processing
applications and other documents relating to public lands under Section
304 of the Federal Land Policy and Management Act of 1976 (FLPMA), 43
U.S.C. 1734. In 2005, the BLM published a final cost recovery rule (70
FR 58854) establishing or revising certain fees and service charges,
and establishing the method it would use to adjust those fees and
service charges on an annual basis.
At 43 CFR 3000.12(a), the regulations provide that the BLM will
annually adjust fees established in Subchapter C according to changes
in the Implicit Price Deflator for Gross Domestic Product (IPD-GDP),
which is published quarterly by the U.S. Department of Commerce. See
also 43 CFR 3000.10. This final rule will allow the BLM to update these
fees and service charges by October 1 of this year, as required by the
2005 regulation. The fee recalculations are based on a mathematical
formula. The public had an opportunity to comment on this procedure
during the comment period on the original cost recovery rule, and this
new rule simply administers the procedure set forth in those
regulations. Therefore, the BLM has changed the fees in this final rule
without providing opportunity for additional notice and comment. The
Department of the Interior, therefore, for good cause finds under 5
U.S.C. 553(b)(B) and (d)(3) that notice and public comment procedures
are unnecessary.
II. Discussion of Final Rule
The BLM publishes a fee update rule each year, which becomes
effective on October 1 of that year. The fee updates are based on the
change in the IPD-GDP from the 4th Quarter of one calendar year to the
4th Quarter of the following calendar year. This fee update rule is
based on the change in the IPD-GDP from the 4th Quarter of 2011 to the
4th Quarter of 2012, thus reflecting the rate of inflation over four
calendar quarters.
The fee is calculated by applying the IPD-GDP to the base value
from the previous year's rule, also known as the ``existing value.''
This calculation results in an updated base value. The updated base
value is then rounded to the closest multiple of $5, or to the nearest
cent for fees under $1, to establish the new fee.
Under this rule, 30 fees will remain the same and 18 fees will
increase. Nine of the fee increases will amount to $5 each. The largest
increase, $55, will be applied to the fee for adjudicating a mineral
patent application containing more than 10 claims, which will increase
from $2,940 to $2,995. The fee for adjudicating a patent application
containing 10 or fewer claims will increase by $25--from $1,470 to
$1,495.
In this rule, we will correct the title given in the table for 43
CFR part 3730. The title used in prior rules, ``Multiple Use, Mining,''
is actually the title for Group 3700, the group of regulations that
includes part 3730. The specific title for part 3730, in which the fee
for a notice of protest of placer mining operations is found at 43 CFR
3736.2(b), is ``Public Law 359; Mining in Powersite Withdrawals:
General.'' This is a technical revision that has no substantive effect.
The calculations that resulted in the new fees are included in the
table below:
[[Page 49946]]
Fixed Cost Recovery Fees FY14
----------------------------------------------------------------------------------------------------------------
Existing fee Existing value IPD-GDP
Document/Action \1\ \2\ Increase \3\ New value \4\ New fee \5\
----------------------------------------------------------------------------------------------------------------
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150)
----------------------------------------------------------------------------------------------------------------
Noncompetitive lease application $ 390 $ 390.65 $ 7.19 $ 397.84 $ 400
Competitive lease application... 150 151.60 2.79 154.39 155
Assignment and transfer of 85 87.46 1.61 89.07 90
record title or operating
rights.........................
Overriding royalty transfer, 10 11.66 0.21 11.87 10
payment out of production......
Name change, corporate merger or 205 204.06 3.75 207.81 210
transfer to heir/devisee.......
Lease consolidation............. 430 431.46 7.94 439.40 440
Lease renewal or exchange....... 390 390.65 7.19 397.84 400
Lease reinstatement, Class I.... 75 75.79 1.39 77.18 75
Leasing under right-of-way...... 390 390.65 7.19 397.84 400
Geophysical exploration permit 25 .............. .............. .............. \6\ 25
application--Alaska............
Renewal of exploration permit-- 25 .............. .............. .............. \7\ 25
Alaska.........................
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Geothermal (part 3200)
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Noncompetitive lease application 390 390.65 7.19 397.84 400
Competitive lease application... 150 151.60 2.79 154.39 155
Assignment and transfer of 85 87.46 1.61 89.07 90
record title or operating
rights.........................
Name change, corporate merger or 205 204.06 3.75 207.81 210
transfer to heir/devisee.......
Lease consolidation............. 430 431.46 7.94 439.40 440
Lease reinstatement............. 75 75.79 1.39 77.18 75
Nomination of lands:............ 110 109.15 2.01 111.16 110
plus per acre nomination fee 0.11 0.10915 0.00201 0.11116 0.11
Site license application........ 60 58.30 1.07 59.37 60
Assignment or transfer of site 60 58.30 1.07 59.37 60
license........................
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Coal (parts 3400, 3470)
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License to mine application..... 10 11.66 0.21 11.87 10
Exploration license application. 320 320.68 5.90 326.58 325
Lease or lease interest transfer 65 64.15 1.18 65.33 65
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Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500, 3580)
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Applications other than those 35 34.99 0.64 35.63 35
listed below...................
Prospecting permit application 65 64.15 1.18 65.33 65
amendment......................
Extension of prospecting permit. 105 104.95 1.93 106.88 105
Lease modification or fringe 30 29.16 0.54 29.70 30
acreage lease..................
Lease renewal................... 500 501.44 9.23 510.67 510
Assignment, sublease, or 30 29.16 0.54 29.70 30
transfer of operating rights...
Transfer of overriding royalty.. 30 29.16 0.54 29.70 30
Use permit...................... 30 29.16 0.54 29.70 30
Shasta and Trinity hardrock 30 29.16 0.54 29.70 30
mineral lease..................
Renewal of existing sand and 30 29.16 0.54 29.70 30
gravel lease in Nevada.........
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Public Law 359; Mining in Powersite Withdrawals: General (part 3730)
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Notice of protest of placer 10 11.66 0.21 11.87 10
mining operations..............
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Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 3870)
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Application to open lands to 10 11.66 0.21 11.87 10
location.......................
Notice of location.............. 15 17.48 0.32 17.80 20
Amendment of location........... 10 11.66 0.21 11.87 10
Transfer of mining claim/site... 10 11.66 0.21 11.87 10
Recording an annual FLPMA filing 10 11.66 0.21 11.87 10
Deferment of assessment work.... 105 104.95 1.93 106.88 105
Recording a notice of intent to 30 29.16 0.54 29.70 30
locate mining claims on
Stockraising Homestead Act
lands..........................
Mineral patent adjudication:
(more than 10 claims)....... 2,940 2,938.65 54.07 2,992.72 2,995
(10 or fewer claims)........ 1,470 1,469.31 27.04 1,496.35 1,495
Adverse claim................... 105 104.95 1.93 106.88 105
Protest......................... 65 64.15 1.18 65.33 65
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[[Page 49947]]
Oil Shale Management (parts 3900, 3910, 3930)
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Exploration license application. 310 307.58 5.66 313.24 315
Application for assignment or 65 62.56 1.15 63.71 65
sublease of record title or
overriding royalty.............
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\1\ The Existing Fee was established by the 2012 (Fiscal Year 2013) cost recovery fee update rule published
September 10, 2012 (77 FR 55420), effective October 1, 2012.
\2\ The Existing Value is the figure from the New Value column in the previous year's rule.
\3\ From 4th Quarter 2011 to 4th Quarter 2012, the IPD-GDP increased by 1.84 percent. The value in the IPD-GDP
Increase column is 1.84 percent of the Existing Value.
\4\ The sum of the Existing Value and the IPD-GDP Increase is the New Value.
\5\ The New Fee for Fiscal Year 2014 is the New Value rounded to the nearest $5 for values equal to or greater
than $1, or to the nearest penny for values under $1.
\6\ Section 365 of the Energy Policy Act of 2005 (Pub. L. 109-58) directed in subsection (i) that ``the
Secretary shall not implement a rulemaking that would enable an increase in fees to recover additional costs
related to processing drilling-related permit applications and use authorizations.'' In the 2005 cost recovery
rule, the BLM interpreted this prohibition to apply to geophysical exploration permits. 70 FR 58854--58855.
While the $25 fees for geophysical exploration permit applications for Alaska and renewals of exploration
permits for Alaska pre-dated the 2005 cost recovery rule and were not affected by the Energy Policy Act
prohibition, the BLM interprets the Energy Policy Act provision as prohibiting it from increasing this $25
fee.
\7\ The BLM interprets the Energy Policy Act prohibition discussed in footnote 6, above, as prohibiting it from
increasing this $25 fee, as well.
Source for Implicit Price Deflator for Gross Domestic Product data: U.S. Department of Commerce, Bureau of
Economic Analysis (April 26, 2013).
III. How Fees Are Adjusted
Each year, the figures in the Existing Value column in the table
above (not those in the Existing Fee column) are used as the basis for
calculating the adjustment to these fees. The Existing Value is the
figure from the New Value column in the previous year's rule. In the
case of fees that were not in the table the previous year, or that had
no figure in the New Value column the previous year, the Existing Value
is the same as the Existing Fee. Because the new fees are derived from
the new values--rounded to the nearest $5 or the nearest penny for fees
under $1--adjustments based on the figures in the Existing Fee column
would lead to significantly over- or under-valued fees over time.
Accordingly, fee adjustments are made by multiplying the annual change
in the IPD-GDP by the figure in the Existing Value column. This
calculation defines the New Value for this year, which is then rounded
to the nearest $5 or the nearest penny for fees under $1, to establish
the New Fee.
IV. Procedural Matters
Regulatory Planning and Review (Executive Order 12866)
This document is not a significant rule and the Office of
Management and Budget has not reviewed this rule under Executive Order
12866.
The BLM has determined that the rule will not have an annual effect
on the economy of $100 million or more. It will not adversely affect in
a material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local, or tribal governments or communities. The changes in today's
rule are much smaller than those in the 2005 final rule, which did not
approach the threshold in Executive Order 12866. For instructions on
how to view a copy of the analysis prepared in conjunction with the
2005 final rule, please contact one of the persons listed in the FOR
FURTHER INFORMATION CONTACT section above.
This rule will not create inconsistencies or otherwise interfere
with an action taken or planned by another agency. This rule does not
change the relationships of the onshore minerals programs with other
agencies' actions. These relationships are included in agreements and
memoranda of understanding that would not change with this rule.
In addition, this final rule does not materially affect the
budgetary impact of entitlements, grants, or loan programs, or the
rights and obligations of their recipients. This rule applies an
inflation factor that increases some existing user fees for processing
documents associated with the onshore minerals programs. However, most
of these fee increases are less than 3 percent and none of the
increases materially affect the budgetary impact of user fees.
Finally, this rule will not raise novel legal issues. As explained
above, this rule simply implements an annual process to account for
inflation that was adopted by and explained in the 2005 cost recovery
rule.
The Regulatory Flexibility Act
This final rule will not have a significant economic effect on a
substantial number of small entities as defined under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). A Regulatory Flexibility
Analysis is not required. Accordingly, a Small Entity Compliance Guide
is not required. For the purposes of this section, a small entity is
defined by the Small Business Administration (SBA) for mining (broadly
inclusive of metal mining, coal mining, oil and gas extraction, and the
mining and quarrying of nonmetallic minerals) as an individual, limited
partnership, or small company considered to be at arm's length from the
control of any parent companies, with fewer than 500 employees. The SBA
defines a small entity differently, however, for leasing Federal land
for coal mining. A coal lessee is a small entity if it employs not more
than 250 people, including people working for its affiliates.
The SBA would consider many, if not most, of the operators the BLM
works with in the onshore minerals programs to be small entities. The
BLM notes that this final rule does not affect service industries, for
which the SBA has a different definition of ``small entity.''
The final rule may affect a large number of small entities since 18
fees for activities on public lands will be increased. However, the BLM
has concluded that the effects will not be significant. Most of the
fixed fee increases will be less than 3 percent as a result of this
final rule. The adjustments result in no increase in the fee for the
processing of 30 documents relating to the BLM's minerals programs. The
highest adjustment, in dollar terms, is for adjudications of mineral
patent applications involving
[[Page 49948]]
more than 10 mining claims, which will be increased by $55. For the
2005 final rule, the BLM completed a threshold analysis, which is
available for public review in the administrative record for that rule.
For instructions on how to view a copy of that analysis, please contact
one of the persons listed in the FOR FURTHER INFORMATION CONTACT
section above. The analysis for the 2005 rule concluded that the fees
would not have a significant economic effect on a substantial number of
small entities. The fee increases implemented in today's rule are
substantially smaller than those provided for in the 2005 rule.
The Small Business Regulatory Enforcement Fairness Act
This final rule is not a ``major rule'' as defined at 5 U.S.C.
804(2). The final rule will not have an annual effect on the economy
greater than $100 million; it will not result in major cost or price
increases for consumers, industries, government agencies, or regions;
and it will not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises. For
the 2005 final rule, which established the fee adjustment procedure
that this rule implements, the BLM completed a threshold analysis,
which is available for public review in the administrative record for
that rule. The fee increases implemented in today's rule are
substantially smaller than those provided for in the 2005 rule.
Executive Order 13132, Federalism
This final rule will not have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. In accordance with Executive Order 13132,
therefore, we find that the final rule does not have significant
federalism effects. A federalism assessment is not required.
The Paperwork Reduction Act of 1995
These regulations contain information collection requirements. As
required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.), the BLM submitted a copy of the proposed information collection
requirements to the Office of Management and Budget (OMB) for review.
The OMB approved the information collection requirements under the
following Control Numbers:
Oil and Gas
(1) 1004-0034 which expires July 31, 2015;
(2) 1004-0137 which expires October 31, 2014;
(3) 1004-0162 which expires July 31, 2015;
(4) 1004-0185 which expires December 31, 2015;
Geothermal
(5) 1004-0132 which expires December 31, 2013;
Coal
(6) 1004-0073 which expires August 31, 2013, renewal pending;
Mining Claims
(7) 1004-0025 which expires March 31, 2016;
(8) 1004-0114 which expires August 31, 2013; and
Leasing of Solid Minerals Other Than Oil Shale
(9) 1004-0121 which expires March 31, 2016.
Takings Implication Assessment (Executive Order 12630)
As required by Executive Order 12630, the BLM has determined that
this rule will not cause a taking of private property. No private
property rights will be affected by a rule that merely updates fees.
The BLM therefore certifies that this final rule does not represent a
governmental action capable of interference with constitutionally
protected property rights.
Civil Justice Reform (Executive Order 12988)
In accordance with Executive Order 12988, the BLM finds that this
final rule will not unduly burden the judicial system and meets the
requirements of sections 3(a) and 3(b)(2) of the Executive Order.
The National Environmental Policy Act (NEPA)
The BLM has determined that this final rule is administrative and
involves only procedural changes addressing fee requirements. In
promulgating this rule, the government is conducting routine and
continuing government business of an administrative nature having
limited context and intensity. Therefore, it is categorically excluded
from environmental review under Section 102(2)(C) of NEPA, pursuant to
43 CFR 46.205 and 46.210(c) and (i). The final rule does not meet any
of the 12 criteria for exceptions to categorical exclusions listed at
43 CFR 46.215.
Pursuant to Council on Environmental Quality (CEQ) regulations and
the environmental policies and procedures of the Department of the
Interior, the term ``categorical exclusions'' means categories of
actions ``which do not individually or cumulatively have a significant
effect on the human environment and which have been found to have no
such effect in procedures adopted by a Federal agency in implementation
of [CEQ] regulations (Sec. 1507.3) and for which, therefore, neither
an environmental assessment nor an environmental impact statement is
required.'' 40 CFR 1508.4; see also BLM National Environmental Policy
Act Handbook H-1790-1, Ch. 4, at 17 (Jan. 2008).
The Unfunded Mandates Reform Act of 1995
The BLM has determined that this final rule is not significant
under the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq.,
because it will not result in State, local, private sector, or tribal
government expenditures of $100 million or more in any one year, 2
U.S.C. 1532. This rule will not significantly or uniquely affect small
governments. Therefore, the BLM is not required to prepare a statement
containing the information required by the Unfunded Mandates Reform
Act.
Consultation and Coordination With Indian Tribal Governments (Executive
Order 13175)
In accordance with Executive Order 13175, the BLM has determined
that this final rule does not include policies that have tribal
implications. A key factor is whether the rule would have substantial
direct effects on one or more Indian tribes. The BLM has not found any
substantial direct effects. Consequently, the BLM did not utilize the
consultation process set forth in Section 5 of the Executive Order.
Information Quality Act
In developing this rule, the BLM did not conduct or use a study,
experiment, or survey requiring peer review under the Information
Quality Act (Pub. L. 106-554).
Effects on the Nation's Energy Supply (Executive Order 13211)
In accordance with Executive Order 13211, the BLM has determined
that this final rule is not likely to have a significant adverse effect
on the supply, distribution, or use of energy. The distribution of or
use of energy would not be unduly affected by this final rule. It
merely adjusts certain administrative cost recovery fees to account for
inflation.
[[Page 49949]]
Author
The principal author of this rule is Faith Bremner of the Division
of Regulatory Affairs, Bureau of Land Management.
List of Subjects in 43 CFR Part 3000
Public lands--mineral resources, Reporting and recordkeeping
requirements.
Tommy P. Beaudreau,
Acting Assistant Secretary, Land and Minerals Management.
For reasons stated in the preamble, the Bureau of Land Management
amends 43 CFR Chapter II as follows:
PART 3000--MINERALS MANAGEMENT: GENERAL
0
1. The authority citation for part 3000 continues to read as follows:
Authority: 16 U.S.C. 3101 et seq.; 30 U.S.C. 181 et seq., 301-
306, 351-359, and 601 et seq.; 31 U.S.C. 9701; 40 U.S.C. 471 et
seq.; 42 U.S.C. 6508; 43 U.S.C. 1701 et seq.; and Pub. L. 97-35, 95
Stat. 357.
Subpart 3000--General
0
2. Amend Sec. 3000.12 by revising paragraph (a) to read as follows:
Sec. 3000.12 What is the fee schedule for fixed fees?
(a) The table in this section shows the fixed fees that you must
pay to the BLM for the services listed for Fiscal Year 2014. These fees
are nonrefundable and must be included with documents you file under
this chapter. Fees will be adjusted annually according to the change in
the Implicit Price Deflator for Gross Domestic Product (IPD-GDP) by way
of publication of a final rule in the Federal Register and will
subsequently be posted on the BLM Web site (http://www.blm.gov) before
October 1 each year. Revised fees are effective each year on October 1.
FY 2014 Processing and Filing Fee Table
------------------------------------------------------------------------
Document/action FY 2014 fee
------------------------------------------------------------------------
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150)
------------------------------------------------------------------------
Noncompetitive lease $400
application.
Competitive lease application.. 155
Assignment and transfer of 90
record title or operating
rights.
Overriding royalty transfer, 10
payment out of production.
Name change, corporate merger 210
or transfer to heir/devisee.
Lease consolidation............ 440
Lease renewal or exchange...... 400
Lease reinstatement, Class I... 75
Leasing under right-of-way..... 400
Geophysical exploration permit 25
application--Alaska.
Renewal of exploration permit-- 25
Alaska.
------------------------------------------------------------------------
Geothermal (part 3200)
------------------------------------------------------------------------
Noncompetitive lease 400
application.
Competitive lease application.. 155
Assignment and transfer of 90
record title or operating
rights.
Name change, corporate merger 210
or transfer to heir/devisee.
Lease consolidation............ 440
Lease reinstatement............ 75
Nomination of lands............ 110
plus per acre nomination 0.11
fee.
Site license application....... 60
Assignment or transfer of site 60
license.
------------------------------------------------------------------------
Coal (parts 3400, 3470)
------------------------------------------------------------------------
License to mine application.... 10
Exploration license application 325
Lease or lease interest 65
transfer.
------------------------------------------------------------------------
Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500,
3580)
------------------------------------------------------------------------
Applications other than those 35
listed below.
Prospecting permit application 65
amendment.
Extension of prospecting permit 105
Lease modification or fringe 30
acreage lease.
Lease renewal.................. 510
Assignment, sublease, or 30
transfer of operating rights.
Transfer of overriding royalty. 30
Use permit..................... 30
Shasta and Trinity hardrock 30
mineral lease.
Renewal of existing sand and 30
gravel lease in Nevada.
------------------------------------------------------------------------
Public Law 359; Mining in Powersite Withdrawals: General (part 3730)
------------------------------------------------------------------------
Notice of protest of placer 10
mining operations.
------------------------------------------------------------------------
Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 3870)
------------------------------------------------------------------------
Application to open lands to 10
location.
[[Page 49950]]
Notice of location\*\.......... 20
Amendment of location.......... 10
Transfer of mining claim/site.. 10
Recording an annual FLPMA 10
filing.
Deferment of assessment work... 105
Recording a notice of intent to 30
locate mining claims on
Stockraising Homestead Act
lands.
Mineral patent adjudication.... 2,995 (more than 10 claims)
1,495 (10 or fewer claims)
Adverse claim.................. 105
Protest........................ 65
------------------------------------------------------------------------
Oil Shale Management (parts 3900, 3910, 3930)
------------------------------------------------------------------------
Exploration license application 315
Application for assignment or 65
sublease of record title or
overriding royalty.
------------------------------------------------------------------------
\*\ To record a mining claim or site location, you must pay this
processing fee along with the initial maintenance fee and the one-time
location fee required by statute. 43 CFR part 3833.
* * * * *
[FR Doc. 2013-20037 Filed 8-15-13; 8:45 am]
BILLING CODE 4310-84-P