[Federal Register Volume 72, Number 171 (Wednesday, September 5, 2007)]
[Rules and Regulations]
[Pages 50882-50889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17375]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Parts 3000, 3100, 3150, 3200, 3500, 3580, 3600, 3730, 3810, 
and 3830

[WO-610-4111-02-24 1A]
RIN 1004-AD95


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 mineral programs 
and some filing fees for mineral-related documents. These updates 
include fees for actions such as lease applications, name changes, 
corporate mergers, lease consolidations, and lease reinstatements. The 
fee changes are the BLM's continued response to recommendations made by 
the Department of the Interior's Office of Inspector General in a 1988 
report. This report was part of a 1980s Presidential initiative, which 
called for all Federal agencies to charge appropriate user fees for 
agency services, consistent with the law. This final rule also makes 
some editorial corrections to the rule.

DATES: This final rule is effective October 1, 2007.

FOR FURTHER INFORMATION CONTACT: Tim Spisak, Chief, Division of Fluid 
Minerals, 202-452-5061, or Cynthia Ellis, Regulatory Affairs 
Specialist, (202) 452-5012. Persons who use a telecommunications device 
for the deaf (TDD) may leave a message with the Federal Information 
Relay Service (FIRS) at 1-800-877-8339, 24 hours a day, 7 days a week.

ADDRESSES: You may send inquiries or suggestions to Director (630), 
Bureau of Land Management, MS-LS 401, 1849 C Street, NW., Washington, 
DC 20240; Attention: RIN 1004-AD95.

SUPPLEMENTARY INFORMATION:

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 also establishing the method it would use to adjust those fees and 
service charges.
    At 43 CFR 3000.12(a), the rule provides 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.) Because the fee recalculations are simply based on a 
mathematical formula, we have changed the fees in a final rule without 
providing opportunity for notice and comment. 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 public had 
opportunity to comment on this procedure during the comment period on 
the cost recovery rule, and this new rule simply administers the 
procedure set forth in those regulations. 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, and 
that the rule may be effective less than 30 days after publication.

Discussion of Final Rule

    Because the 2005 cost recovery final rule did not become effective 
until November 7, 2005, there was not a full calendar year between the 
effective date and the October 1 deadline the following year for 
updating the fees. See 43 CFR 3000.12(a). The BLM therefore decided to 
issue this first fee update rule in 2007, to be effective on October 1, 
2007. The fees in the 2005 rule reflect adjustments using the Implicit 
Price Deflator for 4th Quarter 2004. See 70 FR 58857. The fee updates 
that will be effective each October 1 will be based on the Implicit 
Price Deflator for the 4th Quarter of the preceding calendar year. This 
first fee update, based on the Implicit Price Deflator for 4th Quarter 
2006, thus reflects inflation over eight calendar quarters. Future 
adjustments will reflect inflation over four calendar quarters.
    While preparing this rule, we found that in compiling the fee table 
at 43 CFR 3000.12 for the 2005 final rule (70 FR 58854), we overlooked 
some already-existing filing fees. The following sections contain fees 
that should be reflected in the fee table: \1\
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    \1\ This rule will not include in the fee table at 43 CFR 
3000.12 the $10 filing fee for requesting publication of notice of 
Leasing Act filing found at 43 CFR 3742.3-1(b)(4). The BLM is in the 
process of drafting a proposed rule that would, among other things, 
propose to remove this fee. The document to which this fee pertains 
relates to mining claims located in 1954 and earlier; no document of 
this type has been filed with the BLM in recent decades. If any such 
document were filed, the BLM would address it under a different 
part.
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     In subpart 3150: sections 3152.1 (application for oil and 
gas geophysical exploration permit (Alaska)) \2\ ($25) and 3152.3 
(renewal of exploration permit (Alaska)) ($25)
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    \2\ 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. However, 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.
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     In subpart 3273: sections 3273.15 (site license 
application) ($50) and 3273.26 (assignment or transfer of site license) 
($50)
     In part 3500: sections 3510.12(b) (lease modifications or 
fringe acreage leases) ($25); 3512.12, 3512.13(a)(6)(iii), 3512.16(b), 
and 3512.17(b) (assignments, subleases, or transfer of operating 
rights) ($25); 3512.19 (transfer of overriding royalty) ($25); and 
3516.15 (use permits) ($25)
     In part 3580: sections 3583.3 (Shasta and Trinity hardrock 
leases) ($25) and 3586.2 (renewal of existing sand and gravel leases in 
Nevada) ($25)
     In Group 3700: section 3736.2(b) (notice of protest of 
placer mining operations) ($10)
     In Group 3800: sections 3816.2 (application to open lands 
to location) ($10) and 3830.21(h) (recording a notice of intent to 
locate mining claims on Stockraising Homestead Act lands) ($25)
    In this final rule, we moved these fees to the fee table at 43 CFR 
3000.12 and included a reference to the fee table in the relevant 
section of the rule text. This is an administrative revision for the 
convenience of the reader and has no substantive effect.
    We also revised sections 3211.10(a) and 3504.10, which address fees 
in parts 3200 and 3500, respectively, to reflect the relocation of the 
fees to the table at 43 CFR 3000.12. In section 3211.10(a), we added to 
the list the filing fees noted above. In section 3504.10, instead of 
separate paragraphs for filing fees and processing fees, new paragraph 
(a)

[[Page 50883]]

Simply has the fee table, to which we added the filing fees and 
reordered the listed actions to put them in the same order as the 
corresponding sections in the rule text. The reference to exploration 
licenses that was in paragraph (a) was moved to new paragraph (b). 
These are also administrative revisions with no substantive effect.
    Finally, we corrected minor errors in the existing rule. In section 
3000.10(c), we changed the word ``annually'' to ``quarterly'' to 
correctly reflect the frequency of publication of the Implicit Price 
Deflator for Gross Domestic Product. In section 3103.1-2(a)(1), which 
addresses where fees should be submitted, we deleted the word 
``filing'', as the fees referenced include processing fees. In section 
3602.11(c), we changed ``as provided in section 3602.31(a)'' to ``as 
provided in section 3602.31(b)'', which is the correct cross-reference. 
We also changed the title of the fee table at 43 CFR 3000.12 to: ``FY 
[YEAR] Processing and Filing Fee Table.'' These are administrative 
revisions with no substantive effect.
    The calculations that resulted in the new fees are included in the 
table below.

                                          Fixed Cost Recovery Fees FY08
----------------------------------------------------------------------------------------------------------------
                                                                      IPD-GDP
                Document/action                  Existing fee \3\     increase    New value       New fee \6\
                                                                        \4\          \5\
----------------------------------------------------------------------------------------------------------------
Oil & Gas (parts 3100, 3110, 3120, 3130,
 3150):
    Noncompetitive lease application..........                $335       $22.88      $357.88                $360
    Competitive lease application.............                 130         8.88       138.88                 140
    Assignment and transfer of record title or                  75         5.12        80.12                  80
     operating rights.........................
    Overriding royalty transfer, payment out                    10         0.68        10.68                  10
     of production............................
    Name change, corporate merger or transfer                  175        11.95       186.95                 185
     to heir/devisee..........................
    Lease consolidation.......................                 370        25.27       395.27                 395
    Lease renewal or exchange.................                 335        22.88       357.88                 360
    Lease reinstatement, Class I..............                  65         4.44        69.44                  70
    Leasing under right-of-way................                 335        22.88       357.88                 360
    Geophysical exploration permit                              25  ...........  ...........              \7\ 25
     application--Alaska......................
    Renewal of exploration permit--Alaska.....                  25  ...........  ...........              \8\ 25
Geothermal (part 3200):
    Noncompetitive lease application..........                 335        22.88       357.88                 360
    Competitive lease application.............                 130         8.88       138.88                 140
    Assignment and transfer of record title or                  75         5.12        80.12                  80
     operating right..........................
    Name change, corporate merger or transfer                  175        11.95       186.95                 185
     to heir/devisee..........................
    Lease consolidation.......................                 370        25.27       395.27                 395
    Lease reinstatement.......................                  65         4.44        69.44                  70
    Nomination of lands.......................  $00 plus $0.10 per  ...........  ...........       \9\ $100 plus
                                                    acre nominated                                $0.10 per acre
                                                                                                       nominated
    Site license application..................                  50         3.42        53.42                  55
    Assignment or transfer of site license....                  50         3.42        53.42                  55
Coal (parts 3400, 3470):
    License to mine application...............                  10         0.68        10.68                  10
    Exploration license application...........                 275        18.78       293.78                 295
    Lease or lease interest transfer..........                  55         3.76        58.76                  60
Leasing of Solid Minerals Other Than Coal and
 Oil Shale (parts 3500, 3580):
    Applications other than those listed below                  30         2.05        32.05                  30
    Prospecting permit application amendment..                  55         3.76        58.76                  60
    Extension of prospecting permit...........                  90         6.15        96.15                  95
    Lease modification or fringe acreage lease                  25         1.71        26.71                  25
    Lease renewal.............................                 430        29.37       459.37                 460
    Assignment, sublease, or transfer of                        25         1.71        26.71                  25
     operating rights.........................
    Transfer of overriding royalty............                  25         1.71        26.71                  25
    Use permit................................                  25         1.71        26.71                  25
    Shasta and Trinity hardrock mineral lease.                  25         1.71        26.71                  25
    Renewal of existing sand and gravel lease                   25         1.71        26.71                  25
     in Nevada................................
Multiple Use; Mining (Group 3700):
    Notice of protest of placer mining                          10         0.68        10.68                  10
     operations...............................
Mining Law Administration (parts 3800, 3810,
 3830, 3850, 3860, 3870)
    Application to open lands to location.....                  10         0.68        10.68                  10
    Notice of location........................                  15         1.02        16.02                  15
    Amendment of location.....................                  10         0.68        10.68                  10
    Transfer of mining claim/site.............                  10         0.68        10.68                  10
    Recording an annual FLPMA filing..........                  10         0.68        10.68                  10
    Deferment of assessment work..............                  90         6.15        96.15                  95
    Recording a notice of intent to locate                      25         1.71        26.71                  25
     mining claims on Stockraising Homestead
     Act lands................................
    Mineral patent adjudication...............   $2,520 (more than       172.12     2,692.12               2,690
                                                        10 claims)  ...........  ...........  ..................
                                                     $1,260 (10 or  ...........  ...........  ..................
                                                     fewer claims)        86.06     1,346.06               1,345
    Adverse claim.............................                  90         6.15        96.15                  95
    Protest...................................                  55         3.76        58.76                 60
----------------------------------------------------------------------------------------------------------------
\3\ The Existing Fee was established by the 2005 cost recovery rulemaking, published October 7, 2005 (70 FR
  58854), effective November 7, 2005.

[[Page 50884]]

 
\4\ From 4th Quarter 2004 (109.426), to 4th Quarter 2006 (116.895) the IPD-GDP increased by 6.83%. The value in
  the IPD-GDP Increase column is 6.83% of the Existing Fee.
\5\ The sum of the Existing Fee and IPD-GDP Increase is the New Value.
\6\ The New Fee for 2008 is the New Value rounded to the nearest $5.00.
\7\ As explained in footnote 1, above, the Energy Policy Act of 2005 (Pub. L. 109-58) prohibited certain fee
  increases that the BLM interpreted to apply to geophysical exploration permit applications. The $25 fee for
  geophysical exploration permit applications for Alaska pre-dated the 2005 cost recovery rule and was not
  affected by the Energy Policy Act prohibition. However, we interpret the provision quoted as prohibiting us
  from increasing this $25 fee.
\8\ We interpret the Energy Policy Act prohibition discussed in footnotes 1 and 6, above, as prohibiting us from
  increasing this $25 fee, as well.
\9\ The fee for nomination of lands under Part 3200 was added to the table by the final rule published on May 2,
  2007 (72 FR 24400). Because the fee has been in effect for less than one year, we did not update it in this
  rulemaking.
Source for Implicit Price Deflator for Gross Domestic Product data: http://www.bea.gov/national/nipaweb/TableView.asp#Mid.

How Fees Are Adjusted

    The figures in the ``New Value'' column in the table above, not 
those in the ``New Fee'' column, will be used in the future as the 
basis for calculating the annual adjustment to these fees. Because the 
new values are rounded to the nearest $5.00 in setting the new fees, 
future fees based on the figures in the ``New Fee'' column would become 
significantly over-or-under-valued over time. However, if the ``New 
Value'' column is blank because the fee was not updated in this 
rulemaking, future adjustments will be based on the figures in the 
``New Fee'' column. Adjustments to future fees will be made by 
multiplying the annual change in the IPD-GDP by the reported New Value 
in the previous year's rulemaking. This calculation will define a new 
value for that year, which will then be rounded to the nearest $5.00 to 
establish the new adjusted fee.

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. We have 
made the assessments required by E.O. 12866 and the results are given 
below.
    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. This determination is 
based on the analysis that the BLM prepared in conjunction with the 
2005 final rule. For instructions on how to view a copy of the 
analysis, 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, loan programs, or the rights 
and obligations of their recipients. This rule does apply an inflation 
factor that increases some existing user fees for processing documents 
associated with the onshore minerals programs. However, these fee 
increases are less than 7% and do not materially affect the budgetary 
impact of user fees.
    Finally, this rule will not raise novel legal issues. As explained 
above, this rule simply implements a process to account for inflation 
that was proposed 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 will affect a large number of small entities since 
nearly all of them will face fee increases for activities on public 
lands. However, we have concluded that the effects will not be 
significant. The average increase in the fixed fees will be less than 7 
percent as a result of this final rule. The adjustments result in no 
increase in the fee for processing of eight documents relating to the 
BLM's minerals programs. The highest adjustment is for mineral patent 
adjudications involving more than 10 mining claims, which will be 
increased by $170.00. 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 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.
    Executive Order 13132, Federalism. The proposed 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, the final rule does not have 
significant Federalism effects. A Federalism assessment is not 
required.
    The Paperwork Reduction Act of 1995. These regulations contain

[[Page 50885]]

information collection requirements. As required by the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.), we 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 April 30, 2009;
    (2) 1004-0074 which expires December 31, 2009;
    (3) 1004-0137 which expires July 31, 2010;
    (4) 1004-0162 which expires February 28, 2009;
    (5) 1004-0185 which expires July 31, 2009;
Geothermal
    (6) 1004-0132 which expires July 31, 2010;
Coal
    (7) 1004-0073 which expires March 31, 2010;
Mineral Materials
    (8) 1004-0103 which expires March 31, 2008;
Mining Claims
    (9) 1004-0025 which expires November 30, 2009;
    (10) 1004-0114 which expires February 28, 2010; and
Leasing of Solid Minerals Other Than Oil Shale
    (11) 1004-0121 which expires November 30, 2009.

    Takings Implication Assessment (Executive Order 12630). As required 
by Executive Order 12630, the Department of the Interior 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 reports changes 
in service fees. The Department 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 516 DM 2.3A and 516 
DM 2, Appendix 1, Items 1.7 and 1.10. In addition, the final rule does 
not meet any of the 10 criteria for exceptions to categorical 
exclusions listed in 516 DM 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 categories 
of actions which do not individually or cumulatively have a significant 
effect on the human environment and which have been determined to have 
no such effect in procedures adopted by a Federal agency and therefore 
require neither an environmental assessment nor an environmental impact 
statement.
    The Unfunded Mandates Reform Act of 1995. The BLM has determined 
that this proposed rule is not significant under the Unfunded Mandates 
Reform Act of 1995, 2 U.S.C. 1532, because it will not result in state, 
local, private sector, or tribal government expenditures of $100 
million or more in any one year. This proposed 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 (2 U.S.C. 1501 et seq.).
    Consultation and Coordination with Indian Tribal Governments 
(Executive Order 13175). In accordance with Executive Order 13175, the 
BLM has determined that this proposed 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.
    Data Quality Act. In developing this rule, we did not conduct or 
use a study, experiment, or survey requiring peer review under the Data 
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 
proposed 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 proposed rule.

Author

    The principal authors of this rule are Stephen D. Salzman, Deputy 
Chief, Division of Fluid Minerals, assisted by the Division of 
Regulatory Affairs, Bureau of Land Management, and the Solicitor's 
Office.

List of Subjects:

43 CFR Part 3000

    Public lands--mineral resources, Reporting and recordkeeping 
requirements.

43 CFR Part 3100

    Government contracts, Mineral royalties, Oil and gas exploration, 
Public lands--mineral resources, Reporting and recordkeeping 
requirements, Surety bonds.

43 CFR Part 3150

    Administrative practice and procedure, Alaska, Oil and gas 
exploration, Public lands--mineral resources, Reporting and 
recordkeeping requirements, Surety bonds.

43 CFR Part 3200

    Geothermal energy, Government contracts, Mineral royalties, Public 
lands--mineral resources, Reporting and recordkeeping requirements, 
Surety bonds.

43 CFR Part 3500

    Government contracts, Hydrocarbons, Mineral royalties, Mines, 
Phosphate, Potassium, Public lands--mineral resources, Reporting and 
recordkeeping requirements, Sodium, Sulfur, Surety bonds.

43 CFR Part 3580

    Government contracts, Mineral royalties, Mines, Public lands--
mineral resources, Recreation and recreation areas, Surety bonds.

43 CFR Part 3600

    Public lands--mineral resources, Reporting and recordkeeping 
requirements.

43 CFR Part 3730

    Administrative practice and procedure, Mines, Public lands--mineral 
resources, Reporting and recordkeeping requirements, Surety bonds.

43 CFR Part 3810

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

[[Page 50886]]

43 CFR Part 3830

    Mineral royalties, Mines, Public lands--mineral resources, 
Reporting and recordkeeping requirements.

C. Stephen Allred,
Assistant Secretary--Land and Minerals Management.

0
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. Revise the first sentence of Sec.  3000.10(c) to read as follows:


Sec.  3000.10  What do I need to know about fees in general?

* * * * *
    (c) Periodic adjustment. We will periodically adjust fees 
established in this subchapter according to change in the Implicit 
Price Deflator for Gross Domestic Product, which is published quarterly 
by the U.S. Department of Commerce. * * *
* * * * *

0
3. Revise Sec.  3000.12(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 BLM for the services listed for Fiscal Year 2008. 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 2008 Processing and Filing Fee Table
------------------------------------------------------------------------
                   Document/action                            Fee
------------------------------------------------------------------------
(1) Oil and Gas (parts 3100, 3110, 3120, 3130,
 3150):
    Noncompetitive lease application................                $360
    Competitive lease application...................                 140
    Assignment and transfer of record title or                        80
     operating rights...............................
    Overriding royalty transfer, payment out of                       10
     production.....................................
    Name change, corporate merger, or transfer to                    185
     heir/devisee...................................
    Lease consolidation.............................                 395
    Lease renewal or exchange.......................                 360
    Lease reinstatement, Class I....................                  70
    Leasing under right-of-way......................                 360
    Geophysical exploration permit application--                      25
     Alaska.........................................
    Renewal of exploration permit--Alaska...........                  25
(2) Geothermal (part 3200):
    Noncompetitive lease application................                 360
    Competitive lease application...................                 140
    Assignment and transfer of record title or                        80
     operating rights...............................
    Name change, corporate merger or transfer to                     185
     heir/devisee...................................
    Lease consolidation.............................                 395
    Lease reinstatement.............................                  70
    Nomination of lands.............................     $100 plus $0.10
                                                       per acre of lands
                                                              nominated.
    Site license application........................                  55
    Assignment or transfer of site license..........                  55
(3) Coal (parts 3400, 3470):
    License to mine application.....................                  10
    Exploration license application.................                 295
    Lease or lease interest transfer................                  60
(4) Leasing of Solid Minerals Other Than Coal and
 Oil Shale (parts 3500, 3580):
    Applications other than those listed below......                  30
    Prospecting permit application amendment........                  60
    Extension of prospecting permit.................                  95
    Lease modification or fringe acreage lease......                  25
    Lease renewal...................................                 460
    Assignment, sublease, or transfer of operating                    25
     rights.........................................
    Transfer of overriding royalty..................                  25
    Use permit......................................                  25
    Shasta and Trinity hardrock mineral lease.......                  25
    Renewal of existing sand and gravel lease in                      25
     Nevada.........................................
(5) Multiple Use; Mining (part 3730):
    Notice of protest of placer mining operations...                  10
(6) Mining Law Administration (parts 3800, 3810,
 3830, 3850, 3860, 3870):
    Application to open lands to location...........                  10
    Notice of location*.............................                  15
    Amendment of location...........................                  10
    Transfer of mining claim/site...................                  10
    Recording an annual FLPMA filing................                  10
    Deferment of assessment work....................                  95
    Recording a notice of intent to locate mining                     25
     claims on Stockraising Homestead Act lands.....

[[Page 50887]]

 
    Mineral patent adjudication.....................    2,690 (more than
                                                             10 claims).
                                                      1,345 (10 or fewer
                                                                claims).
    Adverse claim...................................                  95
    Protest.........................................                 60
------------------------------------------------------------------------
* 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)

* * * * *

PART 3100--OIL AND GAS LEASING

0
4. The authority citation for part 3100 continues to read as follows:

    Authority: 30 U.S.C. 189 and 359; 43 U.S.C. 1732(b), 1733, and 
1740; and the Energy Policy Act of 2005 (Pub. L. 109-58).

Subpart 3103--Fees, Rentals and Royalty

0
5. Amend Sec.  3103.1-2 by revising paragraph (a)(1), to read as 
follows:


Sec.  3103.1-2  Where submitted.

    (a)(1) All fees for lease applications or offers or for requests 
for approval of a transfer and all first-year rentals and bonuses for 
leases issued under Group 3100 of this title shall be paid to the 
proper BLM office.
* * * * *

PART 3150--ONSHORE OIL AND GAS GEOPHYSICAL EXPLORATION

0
6. The authority citation for part 3150 continues to read as follows:

    Authority: 16 U.S.C. 3150(b) and 668dd; 30 U.S.C. 189 and 359; 
42 U.S.C. 6508; 43 U.S.C. 1201, 1732(b), 1733, 1734, 1740.

Subpart 3152--Exploration in Alaska

0
7. Revise the undesignated text at the end of Sec.  3152.1 to read as 
follows:


Sec.  3152.1  Application for oil and gas geophysical exploration 
permit.

* * * * *

    Note to Sec.  3152.1: Submit your application along with the 
filing fee for geophysical exploration permit--Alaska, found in the 
fee schedule in Sec.  3000.12 of this chapter (except where the 
exploration operations are to be conducted on a leasehold by or on 
behalf of the lessee), to the District Manager of the proper BLM 
office.


0
8. Revise Sec.  3152.3 to read as follows:


Sec.  3152.3  Renewal of exploration permit.

    Upon application by the permittee and payment of the filing fee for 
renewal of exploration permit--Alaska, found in the fee schedule in 
section 3000.12 of this chapter (except where the exploration 
operations are to be conducted on a leasehold by or on behalf of the 
lessee), an exploration permit may be renewed for a period not to 
exceed one year.

PART 3200--GEOTHERMAL RESOURCE LEASING

0
9. The authority citation for part 3200 continues to read as follows:

    Authority: 30 U.S.C. 1001-1028; 43 U.S.C. 1701 et seq.; and Pub. 
L. 109-58.

Subpart 3211--Filing and Processing Fees, Rent, Direct Use Fees, 
and Royalties

0
10. Amend Sec.  3211.10 by removing the word ``and'' at the end of 
paragraph (a)(6), removing the period and adding a semicolon in its 
place at the end of paragraph (a)(7), and adding paragraphs (a)(8) and 
(9) to read as follows:


Sec.  3211.10  What are the processing and filing fees for leases?

    (a) * * *
    (8) Site license application; and
    (9) Assignment or transfer of site license.
* * * * *

Subpart 3273--How to Apply for a Site License

0
11. Amend Sec.  3273.15 by revising paragraph (c) to read as follows:


Sec.  3273.15  What must I include in my site license application?

* * * * *
    (c) The filing fee for a site license application found in the fee 
schedule in Sec.  3000.12 of this chapter;
* * * * *

0
12. Revise the second sentence of Sec.  3273.26 to read as follows:


Sec.  3273.26  When may I assign or transfer my site license?

    * * * Send BLM your completed and signed transfer application and 
the filing fee for assignment or transfer of site license found in the 
fee schedule in Sec.  3000.12 of this chapter. * * *

PART 3500--LEASING OF SOLID MINERALS OTHER THAN COAL AND OIL SHALE

0
13. The authority citation for part 3500 continues to read as follows:

    Authority: 5 U.S.C. 552; 30 U.S.C. 189 and 192c; 43 U.S.C. 1701 
et seq.; and sec. 402, Reorganization Plan No. 3 of 1946 (5 U.S.C. 
appendix).

Subpart 3504--Fees, Rental, Royalty and Bonds

0
14. Revise Sec.  3504.10 to read as follows:


Sec.  3504.10  What fees must I pay?

    (a) The following table shows fees for various documents in this 
part.

------------------------------------------------------------------------
             Document                          Processing fee
------------------------------------------------------------------------
(1) Applications other than those   As found in the fee schedule in Sec.
 listed below.                         3000.12 of this chapter.
(2) Prospecting permit application  Case-by-case basis as described in
                                     Sec.   3000.11 of this chapter.
(3) Prospecting permit application  As found in the fee schedule in Sec.
 amendment.                            3000.12 of this chapter.
(4) Prospecting permit extension..  As found in the fee schedule in Sec.
                                       3000.12 of this chapter.
(5) Preference right lease          Case-by-case basis as described in
 application.                        Sec.   3000.11 of this chapter.
(6) Successful competitive lease    Case-by-case basis as described in
 application.                        Sec.   3000.11 of this chapter, and
                                     modified by Sec.  Sec.   3508.14
                                     and 3508.21.
(7) Future or fractional interest   Case-by-case basis as described in
 lease application.                  Sec.   3000.11 of this chapter.
(8) Lease modification or fringe    As found in the fee schedule in Sec.
 acreage lease.                        3000.12 of this chapter.

[[Page 50888]]

 
(9) Lease renewal application.....  As found in the fee schedule in Sec.
                                       3000.12 of this chapter.
(10) Assignment, sublease, or       As found in the fee schedule in Sec.
 transfer of operating rights.         3000.12 of this chapter.
(11) Transfer of overriding         As found in the fee schedule in Sec.
 royalty.                              3000.12 of this chapter.
(12) Application to waive,          Case-by-case basis as described in
 suspend, or reduce your rental,     Sec.   3000.11 of this chapter.
 minimum royalty, or royalty rate.
(13) Use permit...................  As found in the fee schedule in Sec.
                                       3000.12 of this chapter.
------------------------------------------------------------------------

    (b) Fees for exploration licenses are not administered under this 
section, but are administered under part 2920 of this chapter.

Subpart 3510--Noncompetitive Leasing: Fringe Acreage Leases and 
Lease Modifications

0
15. Amend Sec.  3510.12 by revising the first sentence of paragraph (b) 
to read as follows:


Sec.  3510.12  What must I do to obtain a lease modification or fringe 
acreage lease?

* * * * *
    (b) Include the filing fee for lease modification or fringe acreage 
lease found in the fee schedule in section 3000.12 of this chapter. * * 
*
* * * * *

Subpart 3512--Assignments and Subleases

0
16. Revise the first sentence of Sec.  3512.12 to read as follows:


Sec.  3512.12  Is there a fee for requesting an assignment or sublease?

    When you submit your instrument for assignment of record title or 
operating rights, or for transfer of overriding royalties, you must pay 
the filing fee for assignment, sublease, or transfer of operating 
rights found in the fee schedule in Sec.  3000.12 of this chapter. * * 
*

0
17. Amend Sec.  3512.13 by revising paragraph (a)(6)(iii) to read as 
follows:


Sec.  3512.13  How do I assign my permit or lease?

* * * * *
    (a) * * *
    (6) * * *
    (iii) The filing fee for assignment, sublease, or transfer of 
operating rights found in the fee schedule in Sec.  3000.12 of this 
chapter.
* * * * *

0
18. Amend Sec.  3512.16 by revising paragraph (b) to read as follows:


Sec.  3512.16  How do I sublease my lease?

* * * * *
    (b) The sublessee must also file a signed and dated request for 
approval and a statement of qualifications (see subpart 3502 of this 
part), and submit the filing fee for assignment, sublease, or transfer 
of operating rights found in the fee schedule in Sec.  3000.12 of this 
chapter.
* * * * *

0
19. Amend Sec.  3512.17 by revising paragraph (b) to read as follows:


Sec.  3512.17  How do I transfer the operating rights in my permit or 
lease?

* * * * *
    (b) The transferee must also file a signed and dated request for 
approval and a statement of qualifications (see subpart 3502 of this 
part), and submit the filing fee for assignment, sublease, or transfer 
of operating rights found in the fee schedule in Sec.  3000.12 of this 
chapter.
* * * * *

0
20. Revise the last sentence of Sec.  3512.19 to read as follows:


Sec.  3512.19  Must I notify the BLM if I intend to transfer an 
overriding royalty to another party?

    * * * Include the transferee's statement of qualifications required 
in subpart 3502 and the filing fee for transfer of overriding royalty 
found in the fee schedule in Sec.  3000.12 of this chapter.

Subpart 3516--Use Permits

0
21. Revise the third sentence of Sec.  3516.15 to read as follows:


Sec.  3516.15  How do I apply for a use permit?

    * * * Include the filing fee for a use permit found in the fee 
schedule in Sec.  3000.12 of this chapter and the first year's rental. 
* * *

PART 3580--SPECIAL LEASING AREAS

0
22. The authority citation for part 3580 continues to read as follows:

    Authority: 16 U.S.C. 90c-1, 460n-5, 460q-5, 460dd-2, 460mm-4; 30 
U.S.C. 189, 293, 359; 31 U.S.C. 9701; 43 U.S.C. 1201, 1732(b), 1733, 
1740; 47 Stat. 1487.

Subpart 3583--Shasta and Trinity Units of the Whiskeytown-Shasta-
Trinity National Recreation Area

0
23. Revise the last sentence of Sec.  3583.3 to read as follows:


Sec.  3583.3  Applications for hardrock mineral leases.

    * * * Each application must be filed in triplicate in the proper 
BLM office and must be accompanied by the filing fee for Shasta and 
Trinity hardrock mineral leases found in the fee schedule in Sec.  
3000.12 of this chapter.

Subpart 3586--Sand and Gravel in Nevada

0
24. Revise the second sentence of section 3586.2 to read as follows:


Sec.  3586.2  Existing leases.

    * * * An application for renewal must be filed in triplicate in the 
proper BLM office within 90 days prior to the expiration of the lease 
term and be accompanied by the filing fee for renewal of existing sand 
and gravel leases in Nevada found in the fee schedule in Sec.  3000.12 
of this chapter. * * *

PART 3600--MINERAL MATERIALS DISPOSAL

0
25. The authority citation for part 3600 continues to read as follows:

    Authority: 30 U.S.C. 601 et seq.; 43 U.S.C. 1201, 1701 et seq.; 
Sec. 2, Act of September 28, 1962 (Pub. L. 87-713, 76 Stat. 652).

Subpart 3602--Mineral Materials Sales

0
26. Amend Sec.  3602.11 by revising the first sentence of paragraph (c) 
to read as follows:


Sec.  3602.11  How do I request a sale of mineral materials?

* * * * *
    (c) You must pay a processing fee as provided in Sec. Sec.  
3602.31(b) and 3602.44(f). * * *

PART 3730--PUBLIC LAW 359; MINING IN POWERSITE WITHDRAWALS: GENERAL

0
27. The authority citation for part 3730 continues to read as follows:

    Authority: 30 U.S.C. 22 et seq.; 30 U.S.C. 28f-k; 30 U.S.C. 621-
625; 43 U.S.C. 1201; 43 U.S.C. 1740; 43 U.S.C. 1744.

[[Page 50889]]

Subpart 3736--Mining Operations

0
28. Amend Sec.  3736.2 by revising the second sentence of paragraph (b) 
to read as follows:


Sec.  3736.2  Hearing; notice of protest.

* * * * *
    (b) * * * Such notice, accompanied by the filing fee for notice of 
protest of placer mining operations found in the fee schedule in Sec.  
3000.12 of this chapter, must contain the party's name and address and 
a statement showing the nature of the party's interest in the use of 
the lands embraced within the mining claim. * * *
* * * * *

PART 3810--LANDS AND MINERALS SUBJECT TO LOCATION

0
29. The authority citation for part 3810 continues to read as follows:

    Authority: 30 U.S.C. 22 et seq.; 43 U.S.C. 1201 and 1740.

Subpart 3816--Mineral Locations in Reclamation Withdrawals

0
30. Revise the last sentence of Sec.  3816.2 to read as follows:


Sec.  3816.2  Application to open lands to location.

    * * * Each application must be accompanied by the filing fee for 
application to open lands to location found in the fee schedule in 
Sec.  3000.12 of this chapter.

PART 3830--LOCATING, RECORDING, AND MAINTAINING MINING CLAIMS OR 
SITES; GENERAL PROVISIONS

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

    Authority: 18 U.S.C. 1001, 3571; 30 U.S.C. 22 et seq., 242, 611; 
31 U.S.C. 9701; 43 U.S.C. 2, 1201, 1212, 1457, 1474, 1701 et seq. ; 
44 U.S.C. 3501 et seq.; 115 Stat. 414.

Subpart D--BLM Service Charge and Fee Requirements

0
32. Amend Sec.  3830.21 by revising paragraph (h) to read as follows:


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

* * * * *

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
(h) Recording a notice of intent to        The filing fee for recording a notice of intent to   No.
 locate mining claims on Stockraising       locate mining claims on Stockraising Homestead Act
 Homestead Act Lands (part 3838).           Lands found in the fee schedule in Sec.   3000.12
                                            of this chapter.
----------------------------------------------------------------------------------------------------------------

[FR Doc. E7-17375 Filed 9-4-07; 8:45 am]
BILLING CODE 4310-84-P