[Federal Register Volume 69, Number 126 (Thursday, July 1, 2004)]
[Rules and Regulations]
[Pages 40294-40296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15158]



[[Page 40293]]

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Part X





Department of the Interior





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Bureau of Land Management



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43 CFR Parts 3830 and 3834



Location, Recording, and Maintenance of Mining Claims or Sites; Final 
Rule

  Federal Register / Vol. 69, No. 126 / Thursday, July 1, 2004 / Rules 
and Regulations  

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Parts 3830 and 3834

[WO-320-1430-00-24 1A]
RIN 1004-AD62


Location, Recording, and Maintenance of Mining Claims or Sites

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rule.

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SUMMARY: The Bureau of Land Management (BLM or ``we'') is issuing this 
final rule to amend regulations on locating, recording, and maintaining 
mining claims or sites. In this rule, we are amending our regulations 
to respond to the law requiring that: BLM adjust the location and 
maintenance fees on unpatented mining claims or sites; adjust these 
fees every five years or sooner if conditions warrant; base the 
adjustment upon the change in the Consumer Price Index (CPI) as 
published by the Bureau of Labor Statistics; and give notice of any fee 
adjustment in the Federal Register by July 1st of any given assessment 
year in order for such adjustment to be effective by the beginning of 
the following assessment year (i.e., the September 1st immediately 
following the 1st of July in which the notice is given).

DATES: Effective Date: This rule is effective June 30, 2004.

ADDRESSES: You may mail suggestions or inquiries to Bureau of Land 
Management, Solid Minerals Group, Room 501 LS, 1849 C Street, NW., 
Washington, DC 20240-0001.

FOR FURTHER INFORMATION CONTACT: Roger Haskins in the Solid Minerals 
Group at (202) 452-0355. For assistance in reaching Mr. Haskins, 
persons who use a telecommunications device for the deaf (TDD) may call 
the Federal Information Relay Service at 1-(800) 877-8339, 24 hours a 
day, 7 days a week.

SUPPLEMENTARY INFORMATION:

I. Background
II. Discussion of the Administrative Final Rule
III. Procedural Matters

I. Background

    On August 10, 1993, Congress enacted Public Law 103-66, 107 Stat. 
405, 30 U.S.C. 28f-28k, which requires claimants to pay a $25 one-time 
location fee and a $100 annual maintenance fee per claim or site, and 
adds qualifiers for small miner waivers. The Act (30 U.S.C. 28j) also 
requires the periodic adjustment of the location and annual maintenance 
fees on a 5-year basis and the use of the CPI to form the basis of the 
fee adjustments. The BLM has not adjusted the fees since the Act was 
originally passed in 1993. The adjustment made in this rule is based 
upon the change in the CPI from September 1, 1993 through December 31, 
2003. The calculated change is 125.6 percent from September 1, 1993 
through December 31, 2003, reflecting a 25.6 percent increase in the 
CPI. We have rounded the resulting adjusted fees down to the nearest 
$5.00, so that the fees are slightly lower than the percentage increase 
would indicate.

II. Discussion of the Final Rule

Why We Are Publishing This as a Final Rule

    BLM is adopting this final rule to amend our regulations to make 
adjustments in the mining law fees as required by 30 U.S.C. 28j(c).
    The Department of the Interior for good cause finds under 5 U.S.C. 
553(b)(3)(B) that notice and public procedure for this rule are 
unnecessary. The reason is that this rule implements a statutory 
requirement to adjust the location and annual maintenance fees. The 
statute specifies the method of calculation of the fee adjustments and 
prescribes the form and manner of notice of the fee adjustment.
    We also determine under 5 U.S.C. 553(d) that there is good cause to 
place the rule into effect on the date of publication, because the fee 
adjustment is explicitly required by statute.

Organization of the Final Rule

    This final rule amends the existing regulation. It contains 
amendments necessary to conform to the requirements of the statute. One 
of the amendments appears as a modification of the fee transaction 
table at 43 CFR 3830.21. We have amended the fee transaction table by 
changing the amounts of the location fee and the initial and annual 
maintenance fees required to be paid for each mining claim, mill, or 
tunnel site. In addition, we have amended Sec.  3834.23 by adding a new 
paragraph (c) that states that in any year in which the fee is 
adjusted, BLM will give claimants an opportunity to cure a failure to 
pay the increased fee amounts if the claimant paid the pre-adjusted fee 
amount by the deadline.
    The rule also adds a new paragraph (c) to Sec.  3834.23 to allow a 
mining claimant who has paid the old $100 maintenance fee before June 
30, 2004, to pay the additional amount without penalty upon notice from 
BLM. The current regulations make the failure to pay the maintenance 
fee by September 1st, or the location fee at the time of recording a 
fatal defect, and the claim or site becomes forfeit. This addition to 
Sec.  3834.23 provides that whenever the BLM raises the maintenance or 
location fees as required by 30 U.S.C. 28(j), in the year of the fee 
adjustment BLM will allow the failure to pay the difference between the 
old fee and the amount required under the fee adjustment to be a 
curable defect.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    In accordance with the criteria in Executive Order 12866, BLM has 
determined that this rule is not a significant regulatory action. The 
Office of Management and Budget (OMB) makes the final determination 
under Executive Order 12866.
     The rule will not have an annual effect on the economy of 
$100 million or more or 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 fee adjustment does not change the 
substance of current mining claim administration within BLM.
     This rule will not create inconsistencies with other 
agencies' actions. It does not change the relationships of BLM to other 
agencies and their actions.
     This rule will not materially affect entitlements, grants, 
loan programs, or the rights and obligations of their recipients. The 
rule does not address any of these programs.
     This rule will not raise novel legal or policy issues 
because it makes no major substantive changes in the regulations. The 
constitutionality of the location and maintenance fees has been 
challenged in the Federal courts. The courts have consistently upheld 
the 1993 and subsequent Acts and their implementing regulations.

Regulatory Flexibility Act

    We certify that this 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.) The rule will have a 
minor impact because the fees paid by small entities will be adjusted. 
However, the fee adjustment is directed by statute and the BLM has no 
discretion in the timing, form, or manner of making the adjustments. A

[[Page 40295]]

final Regulatory Flexibility Analysis is not required, and a Small 
Entity Compliance Guide is not required.
    For the purposes of this section a ``small entity'' is an 
individual, limited partnership, or small company, at ``arm's length'' 
from the control of any parent companies, with fewer than 500 employees 
or less than $5 million in revenue. This definition conforms with Small 
Business Administration regulations at 13 CFR 121.201.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:

     Does not have an annual effect on the economy of $100 
million or more. As explained in section 1 above, the revised 
regulations will not materially alter current BLM policy. The fee 
adjustments are directed by statute. The total amount of fees 
collected, including the effects of the adjustment, is estimated to be 
$38 million annually.
     Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. This rule does affect the cost to 
locate, record, or maintain a mining claim or site.
     Does 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.

Unfunded Mandates Reform Act

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.):

     This rule will not ``significantly or uniquely'' affect 
small governments. A Small Government Agency Plan is unnecessary.
     This rule will not produce a Federal mandate of $100 
million or greater in any year. It is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act. The changes 
implemented in this rule do not require anything of any non-Federal 
governmental entity.

Executive Order 12630, Takings

    In accordance with Executive Order 12630, the rule does not have 
takings implications.
    A takings implication assessment is not required. This rule does 
not substantially change BLM policy. Nothing in this rule constitutes a 
taking. The Federal courts have heard a number of suits challenging the 
imposition of the rental and maintenance fees as a taking of a right, 
or, alternatively, as an unconstitutional tax. The courts have upheld 
the 1993 and subsequent Acts and the BLM rules as a proper exercise of 
congressional and executive authorities.

Executive Order 12612, Federalism

    In accordance with Executive Order 12612, BLM finds that the rule 
does not have significant federalism effects. A Federalism Assessment 
is not required. This rule does not change the role or responsibilities 
between Federal, state, and local governmental entities, nor does it 
relate to the structure and role of states or have direct, substantive, 
or significant effects on states.

Executive Order 12988, Civil Justice Reform

    In accordance with Executive Order 12988, BLM finds that the rule 
does not unduly burden the judicial system and therefore meets the 
requirements of sections 3(a) and 3(b)(2) of the Order. BLM consulted 
with the Department of the Interior's Office of the Solicitor 
throughout the drafting process.

Paperwork Reduction Act

    The Office of Management and Budget has approved the information 
collection requirements in the regulations that this administrative 
final rule is amending, under the Paperwork Reduction Act of 1995, 44 
U.S.C. 3501 et seq., and has assigned clearance number 1004-0114.

National Environmental Policy Act

    BLM has determined that this administrative final rule, which is 
required by an Act of Congress, and merely adjusts certain mining claim 
location and annual maintenance fees, is a regulation of an 
administrative, financial, legal, technical or procedural nature. 
Therefore, it is categorically excluded from environmental review under 
Section 102(2)(C) of the National Environmental Policy Act, pursuant to 
516 Departmental Manual (DM), Chapter 2, Appendix 1. In addition, the 
proposed rule does not meet any of the 10 criteria for exceptions to 
categorical exclusions listed in 516 DM, Chapter 2, Appendix 2. 
Pursuant to Council on Environmental Quality regulations (40 CFR 
1508.4) and the environmental policies and procedures of the Department 
of the Interior, the term ``categorical exclusions'' means a category 
of actions that do not individually or cumulatively have a significant 
effect on the human environment and that have been found to have no 
such effect in procedures adopted by a Federal agency and for which 
neither an environmental assessment nor an environmental impact 
statement is required. Further, the fee adjustment is directed by an 
Act of Congress and BLM has no discretion in this matter.
    Because this rule does not substantially change BLM's overall 
management objectives or our environmental compliance requirements, it 
would have no impact on, or only marginally affect, the following 
critical elements of the human environment as defined in Appendix 5 of 
the BLM National Environmental Policy Act Handbook (H-1790-1): air 
quality, areas of critical environmental concern, cultural resources, 
Native American religious concerns, threatened or endangered species, 
hazardous or solid waste, water quality, prime and unique farmlands, 
wetlands, riparian zones, wild and scenic rivers, environmental 
justice, and wilderness.

Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments.

    In accordance with Executive Order 13175, we have considered the 
impact of this rule on the interests of Tribal governments. Because 
this rule does not specifically involve Indian reservation lands, 
government-to-government relationships are not affected and 
consultation is unnecessary.

Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This rule is not a significant energy action. It will not have an 
adverse effect on energy supplies. To the extent that the rule affects 
the mining of energy minerals (i.e., uranium and other fissionable 
metals), the rule applies only a statutory adjustment of the mining 
claim location and maintenance fees that BLM has been collecting for 
many years. It will not change any other financial or other obligations 
of the mining industry.

Authors

    The principal author of this administrative final rule is Roger 
Haskins in the Solid Minerals Group, assisted by Ted Hudson in the 
Regulatory Affairs Group, Washington Office, BLM.

List of Subjects in 43 CFR Part 3830

    Maintenance fees, Mines, Public lands--mineral resources, Reporting 
and recordkeeping requirements.


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    Dated: June 24, 2004.
Chad Calvert,
Acting Assistant Secretary of the Interior.

0
For the reasons stated in the preamble, and under the authority of the 
Act of August 10, 1993, as amended (Pub. L. 103-66, 107 Stat. 405); 
sections 441 and 2478 of the Revised Statutes, as amended (43 U.S.C. 
1201 and 1457); and sections 2319 and 2324 of the Revised Statutes, as 
amended (30 U.S.C. 22 and 28); part 3830, group 3800, subchapter C, 
chapter II of title 43 of the Code of Federal Regulations is amended as 
follows:

PART 3830--LOCATION OF MINING CLAIMS

Subpart D--BLM Service Charge and Fee Requirements

0
1. The authority citation for part 3830 continues to read as follows:

    Authority: 30 U.S.C. 22, 28, and 28f-28k; 43 U.S.C. 299 and 
1201; 31 U.S.C. 9701; 16 U.S.C. 1901, 1907; 43 U.S.C. 1740 and 1744; 
30 U.S.C. 242; 50 U.S.C. appendix 565; 112 Stat. 2861-235; 115 Stat 
414.


0
2. Revise Sec.  3830.21 to read as follows:


3830.21  What are the different types of service charges and fees?

    The following table lists service charges, maintenance fees, 
location fees, and oil shale fees (all cross-references refer to this 
chapter):

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                                           Amount due per mining claim or
               Transaction                              site                          Waiver available
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(a) Recording a mining claim or site      (1) A total of $165, which
 location (part 3833).                     includes:
                                          (i) A $10 service charge........  No.
                                          (ii) A one-time $30 location fee  No.
                                          (iii) An initial $125             No.
                                           maintenance fee.
(b) Amending a mining claim or site       A $5 service charge.............  No.
 location (Sec.   3833.20).
(c) Transferring a mining claim or site   A $5 service charge.............  No.
 (Sec.   3833.30).
(d) Maintaining a mining claim or site    A $125 annual maintenance fee...  Yes, see part 3835.
 for one assessment year (part 3834).
(e) Recording an annual FLPMA filing      A $5 service charge.............  No.
 (Sec.   3835.30).
(f) Submitting a petition for deferment   A $25 service charge............  No.
 of assessment work (Sec.   3836.30).
(g) Maintaining an oil shale placer       An annual $550 fee..............  No.
 mining claim (Sec.   3834.11(b)).
(h) Recording a notice of intent to       A $25 service charge............  No.
 locate mining claims on Stockraising
 Homestead Act Lands (part 3838).
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PART 3834--REQUIRED FEES FOR MINING CLAIMS OR SITES

Subpart B--Fee Adjustment

0
3. Amend section 3834.23 by adding paragraph (c) to read as follows:


Sec.  3834.23  When do I start paying the adjusted fees?

* * * * *
    (c) Notwithstanding Sec. Sec.  3830.91(a)(3) and 3830.96, in any 
year in which BLM adjusts the maintenance and location fees, if you pay 
the fees on or before September 1 of that year, but pay an amount based 
on the fee in effect immediately before the adjustment was made, BLM 
will send you a notice, as provided in Sec.  3830.94, giving you 30 
days in which to pay the additional amount required to meet the 
adjusted fees. If you do not pay the additional amount due within 30 
days after the date you receive the notice, you will forfeit the 
affected mining claims or sites.

[FR Doc. 04-15158 Filed 6-30-04; 12:15 pm]
BILLING CODE 4310-84-P