[Federal Register Volume 74, Number 123 (Monday, June 29, 2009)]
[Rules and Regulations]
[Pages 30959-30962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15248]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 3830

[LLWO3200000-L1999000.PP0000]
RIN 1004-AE09


Required Fees for Mining Claims or Sites

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rule.

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SUMMARY: The Bureau of Land Management (BLM) is promulgating this final 
rule to make statutorily authorized adjustments to its location and 
maintenance fees for unpatented mining claims, mill sites, and tunnel 
sites. These adjustments reflect changes in the Consumer Price Index 
(CPI), which is published by the Bureau of Labor Statistics.

DATES: The final rule is effective June 29, 2009.

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

FOR FURTHER INFORMATION CONTACT: Rick Deery in the Solid Minerals 
Division at (202) 452-0353. For assistance in reaching Mr. Deery, 
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 Final Rule
III. Procedural Matters

I. Background

    The Mining Law of 1872 allows individuals and corporations to 
prospect for mineral deposits in public lands, and stake (or 
``locate'') a claim on the deposits discovered. Historically, annual 
assessment work and related filings have been required by statute in 
order to maintain an unpatented mining claim or site. 30 U.S.C. 28-28e; 
43 U.S.C. 1744(a) and (c).
    Beginning in fiscal year 1993, mining claimants have been required 
to pay an annual ``maintenance'' fee in lieu of performing annual 
assessment work and making annual filings. Mining claimants locating 
new claims or sites must also pay a one-time location fee. See 30 
U.S.C. 28f-28k.
    This rule implements 30 U.S.C. 28j(c), which authorizes adjustments 
to the location and annual maintenance fees ``to reflect changes in the 
Consumer Price Index published by the Bureau of Labor Statistics of the 
Department of Labor every 5 years after August 10, 1993, or more 
frequently if the Secretary determines an adjustment to be 
reasonable.'' Section 28j(c) also requires that mining claimants be 
provided ``notice of any adjustment made under this subsection not 
later than July 1 of any year in which the adjustment is made,'' and 
that any fee adjustment ``shall begin to apply the first assessment 
year which begins after adjustment is made.''
    As enacted in 1993, the one-time location fee was $25, and the 
annual maintenance fee was $100 per mining claim or site. In 2004, the 
BLM increased the amount of the location and maintenance fees to $30 
and $125 respectively, based on the change in the CPI from September 1, 
1993 to December 31, 2003. 69 FR 40294-40296

[[Page 30960]]

(July 1, 2004). The BLM has not adjusted the location and maintenance 
fees since 2004, but has promulgated two rules that have affected other 
aspects of the table of charges and fees at 43 CFR 3830.21, the 
regulation that is amended in this rule. For example, a new regulation 
issued in 2005 (43 CFR 3000.12) provides for a variety of processing 
fees, some of which are included in the table at section 3830.21. 70 FR 
58873 (Oct. 7, 2005); see also 72 FR 50882 (Sept. 5, 2007).
    The adjustments made in this rule are based upon the change in the 
CPI from December 31, 2003 to December 31, 2008, as reported by the 
Bureau of Labor Statistics in the CPI Detailed Report, Data for 
December 2008, Table 24C. Historical Chained Consumer Price Index for 
All Urban Consumers (C-CP-U): U.S. city average, all items (http://www.bls.gov/cpi/cpid0812.pdf). The calculated change is 11.93 percent 
from December 31, 2003 through December 31, 2008. A calculated value 
for the fees was obtained by inflating the location and maintenance 
fees established in the 2004 rulemaking by 11.93 percent.
    The new location fee is $34, and the new maintenance fee is $140 
per mining claim or site. The new location fee is based on rounding the 
calculated value to the nearest $1. The maintenance fee is based on 
rounding the calculated value to the nearest $5.
    Mining claimants must pay the new location fee for any mining claim 
or site located after the effective date of this final rule. Mining 
claimants must pay the new maintenance fee to maintain mining claims 
and sites starting from the 2010 maintenance year. These fees are due 
on or before September 1, 2009. Under 43 CFR 3834.23, mining claimants 
who have already submitted maintenance fees for the 2010 maintenance 
year will be given an opportunity to pay the additional amount without 
penalty upon notice from BLM.

II. Discussion of the Final Rule

    The BLM is adopting this final rule solely to adjust the location 
and maintenance fee amounts in section 3830.21. The BLM for good cause 
finds under 5 U.S.C. 553(b)(3)(B) that notice and an opportunity for 
public comment for this rule are unnecessary, and that this rule may 
properly take effect upon publication. The reason is that this rule 
implements a statutory requirement to adjust the location and annual 
maintenance fees at least every 5 years, and the last adjustment was 
made in 2004. The statute specifies the method of calculation of the 
fee adjustments and prescribes the form and manner of notice of the fee 
adjustment. The BLM has no discretion to exercise in complying with 
this statutory mandate. The BLM also determines 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 adjustments made in the rule are explicitly 
authorized by statute.
    This final rule contains only the specific amendments necessary to 
conform to the requirements of the statute. The amendments appear as 
modifications of the fee transaction table at 43 CFR 3830.21 to change 
the amount of the location and annual maintenance fees required to be 
paid for each mining claim, mill site, or tunnel site.

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 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 the BLM. The 
total amount of fees to be collected, including the effects of the 
adjustment, is estimated to be $61 million annually, of which 
approximately $7 million will be attributable to the adjustments made 
in this rule.
     This rule will not create inconsistencies with other 
agencies' actions. It does not change the relationships of the 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 fee legislation and implementing regulations.

Regulatory Flexibility Act

    The BLM certifies 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 authorized by statute and 
the BLM has no discretion in the form or manner of making the 
adjustments. 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 for business 
concerns engaged in mining or less than $7 million in revenue for 
business concerns providing support activities for mining. 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:
     Will not have an annual effect on the economy of $100 
million or more. The revised regulation will not materially alter 
current BLM policy. The fee adjustments are authorized by statute. The 
total amount of fees collected, including the effects of the 
adjustment, is estimated to be $61 million annually, of which $7 
million is attributable to the adjustments made in this rule.
     Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
     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.

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.

[[Page 30961]]

Executive Order 12630, Takings

    In accordance with Executive Order 12630, the BLM finds that 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 fee legislation and 
the BLM regulations as a proper exercise of Congressional and Executive 
authorities.

Executive Order 13132, Federalism

    The 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. Therefore, in accordance with Executive 
Order 13132, the BLM has determined that the final rule does not have 
sufficient Federalism implications to warrant preparation of a 
Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    In accordance with Executive Order 12988, the BLM has determined 
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. The 
BLM consulted with the Department of the Interior's Office of the 
Solicitor during the drafting process.

Paperwork Reduction Act

    The Office of Management and Budget has approved the information 
collection requirements in the regulation that this 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

    The BLM has determined that this final rule is of a procedural 
nature, and part of the routine administration of the fee legislation. 
Therefore, this rule is categorically excluded from environmental 
review under Section 102(2)(C) of the National Environmental Policy 
Act, pursuant to 43 CFR 46.210(i). In addition, this rule does not 
present any of the 12 extraordinary circumstances listed in 43 CFR 
46.215. Pursuant to the Council on Environmental Quality regulations 
(40 CFR 1508.4) and 43 CFR 46.205, the term ``categorical exclusion'' 
means a category of actions which 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.

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 will remain unaffected.

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 the BLM has been collecting 
for many years. It will not significantly change financial obligations 
of the mining industry.

Authors

    The principal author of this final rule is Rick Deery in the Solid 
Minerals Division, Washington Office, BLM, assisted by Jean Sonneman in 
the Regulatory Affairs Division, Washington Office, BLM.

List of Subjects in 43 CFR Part 3830

    Land Management Bureau, Mineral royalties, Mines, Public lands--
mineral resources, Reporting and recordkeeping requirements, 
Maintenance fees.

0
For the reasons stated in the preamble, and under the authority of 30 
U.S.C. 28f-28k, as amended by Public Law 110-161, Division F, 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

0
1. 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
2. Revise Sec.  3830.21 to read as follows:


Sec.  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):

------------------------------------------------------------------------
                                    Amount due per
           Transaction              mining claim or    Waiver available
                                         site
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(a) Recording a mining claim or   (1) A total sum     No.
 site location (part 3833).        which includes.
                                  (i) the processing
                                   fee for notices
                                   of location found
                                   in the fee
                                   schedule in Sec.
                                    3000.12 of this
                                   chapter.
                                  (ii) A one-time
                                   $34 location fee.
                                  (iii) An initial
                                   $140 maintenance
                                   fee.
(b) Amending a mining claim or    The processing fee  No.
 site location (Sec.   3833.20).   for amendment of
                                   location found in
                                   the fee schedule
                                   in Sec.   3000.12
                                   of this chapter.
(c) Transferring a mining claim   The processing fee  No.
 or site (Sec.   3833.30).         for transfer of
                                   mining claim/site
                                   found in the fee
                                   schedule in Sec.
                                    3000.12 of this
                                   chapter.
(d) Maintaining a mining claim    A $140 annual       Yes, see part
 or site for one assessment year   maintenance fee.    3835.
 (part 3834).
(e) Recording an annual FLPMA     The processing fee  No .
 filing (Sec.   3835.30).          for recording an
                                   annual FLPMA
                                   filing found in
                                   the fee schedule
                                   in Sec.   3000.12
                                   of this chapter.

[[Page 30962]]

 
(f) Submitting a petition for     The processing fee  No.
 deferment of assessment work      for deferment of
 (Sec.   3836.20).                 assessment work
                                   found in the fee
                                   schedule in Sec.
                                    3000.12 of this
                                   chapter.
(g) Maintaining an oil shale      An annual $550 fee  No.
 placer mining claim (Sec.
 3834.11(b)).
(h) Recording a notice of intent  The filing fee for  No.
 to locate mining claims on        recording a
 Stockraising Homestead Act        notice of intent
 Lands (part 3838).                to locate mining
                                   claims on Stock
                                   Raising Homestead
                                   Act Lands found
                                   in the fee
                                   schedule in Sec.
                                    3000.12 of this
                                   chapter.
------------------------------------------------------------------------


    Dated: June 18, 2009.
Ned Farquhar,
Acting Assistant Secretary of the Interior, Land and Minerals 
Management.
[FR Doc. E9-15248 Filed 6-26-09; 8:45 am]
BILLING CODE 4310-84-P