[Federal Register Volume 70, Number 169 (Thursday, September 1, 2005)]
[Rules and Regulations]
[Pages 52028-52030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17534]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 3834

[WO-620-1990-00-24 1A]
RIN 1004-AD75


Mining Claim and Site Maintenance and Location Fees--Fee 
Adjustment

AGENCY: Bureau of Land Management, Interior.

ACTION: Interim rule.

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SUMMARY: The Bureau of Land Management (BLM) is publishing this interim 
rule to amend regulations found at 43 CFR part 3834, subpart B, related 
to adjustments of the fees required to be paid for mining claims and 
mill sites, so as to clarify that mining claimants may cure the filing 
of an insufficient payment of fees when the fees have changed through 
any means, including a Consumer Price Index (CPI) adjustment or other 
statutorily required adjustment.

DATES: The interim rule is effective September 1, 2005.

ADDRESSES: Inquiries may be addressed to the to Bureau of Land 
Management, Solid Minerals Group, Room 501 LS, 1849 C Street, NW., 
Washington, DC 20240-001.

FOR FURTHER INFORMATION CONTACT: Roger Haskins in the Solid Minerals 
Group at (202) 452-0355. 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 Interim Rule
III. Procedural Matters

I. Background

    On July 1, 2004, the Department of the Interior adjusted the 
location and maintenance fees for mining claims and sites based upon 
the CPI, as required by the Mining Law. See 69 FR 40294. 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. As described in the 
Federal Register on July 1, 2005 (70 FR 38192) the Department met these 
conditions on June 30, 2005. Therefore, in accordance with the terms of 
the 2005 Appropriations Act, the fees returned to the rates established 
in 2004 on June 30, 2005. 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 
on or before September 1, 2005, is $125 per mining claim or site.
    BLM noted in the July 1, 2005, Federal Register notice that the 
regulation at 43 CFR 3834.23(c) provides that, if a mining claimant 
timely pays pre-increase fees, the BLM will provide notice to the 
claimant and an opportunity to pay the difference. BLM noted that 
although the fee increase at issue in the July 1, 2005, Federal 
Register notice was not directly a CPI-based increase, the 2004 
increase that has been restored was CPI-based. Therefore, BLM noted 
that it believed that the cure provisions of the rule will apply if a 
claimant timely pays at least $100 for a claim or site on or before 
September 1, 2005. However, the BLM noted that it would publish 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 any means, including a Consumer 
Price Index (CPI) adjustment or other statutorily required adjustment. 
The purpose of this interim rule is to amend the regulations found at 
43 CFR part 3834, subpart B, to make this clarification.

II. Discussion of the Interim Rule

Why the Rule Is Being Published on a Interim Basis

    BLM is adopting this interim rule to clarify 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. The existing 
provision found at 43 CFR 3834.23(b) provides that, after BLM adjusts 
the fees to reflect a change in the CPI, as required by the Mining Law, 
claimants who pay the fees timely, but pay the pre-adjustment amount, 
will be given an opportunity to cure that insufficient payment. This 
rule will make this curing provision applicable whenever Congress 
enacts any other statutes that require an adjustment of the fees.
    The Department of the Interior, for good cause, finds under 5 
U.S.C. 553(b)(B) that notice and public procedure are unnecessary and 
contrary to the public interest. The clarification to the curing 
provision is a reasonable and equitable administrative way in which to 
handle fee adjustments and to avoid inadvertent loss of mining claims 
due to lack of actual notice of an adjustment. It is in the public 
interest to provide such equitable means for a mining claimant to be 
able to cure an underpayment of the fees when the claimant has shown an 
intent to maintain the claim by paying the pre-adjusted fee amount in a 
timely manner. This will avoid the disruption of mining operations that 
would be caused if the mining claimant unintentionally loses their 
mining claim or site due to a minimal underpayment of fees.
    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 a fee 
adjustment has already occurred and the deadline for filing the 
adjusted fees for all existing mining claims and sites is September 1, 
2005. This rule will make it clear that the BLM will give any claimant 
who pays the pre-adjusted fee amount in a timely fashion an opportunity 
to pay the additional amount within 30 days. As such, it grants 
temporary exemption to the immediate forfeiture of a mining claim due 
to failure to timely pay fees.

Organization of the Interim Rule

    This interim rule amends existing regulations at Subpart B of Part 
3834. The existing regulations apply to fee adjustments made in 
accordance with the CPI, as required by the Mining Law. The amendment 
will apply to fee adjustments made in accordance with other statutes.

[[Page 52029]]

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 cure provision 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 
cure provision avoids any potential takings liability to BLM due to a 
fee adjustment beyond the control of the BLM.

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 underpaid fees by small entities will be a curable 
defect. A 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 accords 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 I above, the revised 
regulations will not materially alter current BLM policy. The cure 
provision avoids any potential adverse effects on the economy.
     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 may 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. 
Nothing in this rule constitutes a taking. This rule will avoid any 
takings liability that would otherwise arise by not making an 
underpayment curable. This rule does not substantially change BLM 
policy.

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 BLM has determined this rulemaking does not contain any new 
information collection requirements that the Office of Management and 
Budget (OMB) must approve under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.). The OMB has approved the information collection 
requirements in the regulations under OMB control number 1004-0114, 
which expires December 31, 2006.

National Environmental Policy Act

    We have analyzed this rule in accordance with the criteria of the 
National Environmental Policy Act and 318 DM 2.2(g) and 6.3(D). The 
amended cure provision in this rule is in response to an Act of 
Congress and allows mining claimants to cure their underpayment of fees 
that have been adjusted according to the CPI or an Act of Congress. The 
full effects of the rulemaking that this provision amends are discussed 
at 68 FR 61063 and those conclusions are adopted here. Therefore, this 
rule is categorically excluded from the need to prepare an 
Environmental Analysis. Because this rule does not substantially change 
BLM's overall management objectives or 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 
Indian reservation lands are not available for the location of mining 
claims or sites, this rule does not specifically involve government-to-
government relationships. These relationships will remain unaffected.

[[Page 52030]]

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 may save mining claims or sites that would otherwise 
be forfeited for the late payment of insufficient location and/or 
maintenance fees. It will not change financial obligations of the 
mining industry.

Authors

    The principal author of this interim rule is Roger Haskins in the 
Solid Minerals Group, assisted by Frank Bruno in the Regulatory Affairs 
Group, Washington Office, BLM.

List of Subjects in 43 CFR Part 3834

    Maintenance fees; mines; public lands--mineral resources; reporting 
and record keeping requirements.

    Dated: August 26, 2005.
Chad Calvert,
Acting Assistant Secretary, Land and Minerals Management.

0
For the reasons stated in the preamble, and under the authority of 
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 3834, Group 3800, Subchapter C, 
Chapter II of Title 43 of the Code of Federal Regulations is amended as 
follows:

PART 3834--REQUIRED FEES FOR MINING CLAIMS OR SITES

0
1. The authority citation for part 3834 continues to read as follows:

    Authority: 30 U.S.C. 28f; 30 U.S.C. 242; 43 U.S.C. 1201, 1740; 
115 Stat 414.

Subpart B--Fee Adjustment

0
2. Revise Sec.  3834.21 to read as follows:


Sec.  3834.21  How will BLM adjust the location and maintenance fees?

    BLM will adjust the location and maintenance fees at least every 5 
years, based upon the CPI, as required by 30 U.S.C. 28j(c), or at any 
other time as required by other statute.


0
3. Revise Sec.  3834.23 to read as follows:


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

    (a) In the case of a CPI adjustment required by 30 U.S.C. 28j(c), 
you must pay the adjusted initial maintenance and location fees when 
you record a new mining claim or site located on or after the September 
1 that immediately follows the date BLM published its notice about the 
adjustment.
    (b) In the case of adjustments required by other statute, you must 
pay the adjusted initial maintenance and location fees for a new mining 
claim or site as provided in the statute.
    (c) For previously recorded mining claims and sites, you must pay 
the CPI-based adjusted maintenance fee on or before the September 1 
that immediately follows the date BLM published its notice about the 
adjustment.
    (d) Notwithstanding 43 CFR 3830.91(a)(3) and 3830.96, in any year 
in which BLM adjusts the maintenance and location fees, if you pay the 
fees timely, 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 received the 
notice, you will forfeit the affected mining claims or sites.

[FR Doc. 05-17534 Filed 8-31-05; 8:45 am]
BILLING CODE 4310-84-P