[Federal Register Volume 70, Number 126 (Friday, July 1, 2005)]
[Notices]
[Page 38192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13070]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[WO-320-1990-05-24 1A]


Mining Claim and Site Maintenance and Location Fees

AGENCY: Bureau of Land Management, Interior.

ACTION: Restoration of location and maintenance fees.

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SUMMARY: The Bureau of Land Management (BLM) is publishing this notice 
to advise the mining community that the location fee for newly located 
mining claims or sites has been restored from $25 to $30 per mining 
claim or site. In addition, the annual maintenance fee has been 
restored from $100 to $125 per mining claim or site. BLM reduced the 
fees on December 8, 2004, as directed by statute. The statute further 
provided that the fees would return to their formerly increased levels 
when BLM had met certain conditions. These conditions have now been met 
and the fees have returned to the levels that are reflected in the 
regulations found at 43 CFR 3830.21 (2004). Mining claim holders must 
pay a $30 location fee and a $125 maintenance fee for all mining claims 
and sites recorded on or after June 30, 2005. In addition, the annual 
maintenance fee due September 1, 2005, is $125 per mining claim or 
site, as reflected in the current regulations.

DATES: Effective Date: The fees that are listed in 43 CFR 3830.21 
(2004) are again effective as of June 30, 2005.

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 tele-communications 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: On July 1, 2004, the Department of the 
Interior adjusted the location and maintenance fees for mining claims 
and sites based upon the Consumer Price Index (CPI), as required by the 
Mining Law. See 69 FR 40,294. The Department increased the location fee 
from $25 to $30 and increased the annual maintenance fee from $100 to 
$125. The Interior and Related Agencies Appropriations Act for fiscal 
year 2005, Division E, Title I, Section 120 of Public Law 108-447 of 
December 8, 2004, directed the Department of the Interior to roll back 
these location and maintenance fees for mining claims and sites to 
their pre-July 2004 level. This meant that, as of December 8, 2004, the 
location fee was rolled back from $30 to $25 per new location and the 
annual maintenance fee was rolled back from $125 to $100 per mining 
claim or site. However, the 2005 Appropriations Act also provided that 
the fees would return to their increased levels when the Department met 
certain conditions, including establishing a plan of operations 
tracking system and filing a report with Congress regarding the length 
of time it takes the Department to approve proposed mining plans of 
operations and recommending steps to reduce current delays. The 
Department met these conditions on June 30, 2005. Therefore, in 
accordance with the terms of the 2005 Appropriations Act, the fees have 
returned to the rates established in 2004. Mining claim holders must 
pay a $30 location fee and a $125 maintenance fee for all mining claims 
and sites recorded on or after June 30, 2005. In addition, the annual 
maintenance fee due September 1, 2005, is $125 per mining claim or 
site. The complete listing of fees and service charges may be found at 
43 CFR 3830.21 (2004).
    Under the regulations at 43 CFR 3834.23(c), if a mining claimant 
timely pays pre-increase fees, the BLM will provide notice to the 
claimant and an opportunity to pay the difference. Although the fee 
increase addressed by this notice was not directly a CPI-based 
increase, the 2004 increase that has been restored was CPI-based. 
Therefore, we believe that the cure provisions of the rule will apply 
if a claimant timely pays $100 for a claim on or before September 1, 
2005. However, the BLM will issue an additional rule before September 
1, 2005, further clarifying that mining claimants may cure the filing 
of an insufficient payment of fees when the fees have changed through 
means other than a CPI adjustment, as was the case here.

Kathleen Clarke,
Director, Bureau of Land Management.
[FR Doc. 05-13070 Filed 6-30-05; 8:45 am]
BILLING CODE 4310-84-P