[Federal Register Volume 74, Number 186 (Monday, September 28, 2009)]
[Rules and Regulations]
[Pages 49330-49335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23268]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Parts 3000 and 3200

[L13100000 PP0000 LLWO310000; L1990000 PO0000 LLWO320000]
RIN 1004-AE01


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, and lease consolidations.

DATES: This final rule is effective October 1, 2009.

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-AE01.

FOR FURTHER INFORMATION CONTACT: Steve Salzman, Acting Chief, Division 
of Fluid Minerals, (202) 452-7777, or Faith Bremner, Regulatory Affairs 
Analyst, (202) 452-5042. Persons who use a telecommunications device 
for the deaf (TDD) may leave a message for these individuals with the 
Federal Information Relay Service (FIRS) at 1-800-877-8339, 24 hours a 
day, 7 days a week.

SUPPLEMENTARY INFORMATION:

I. 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 establishing the method it would use to adjust those fees and 
service charges on an annual basis.
    At 43 CFR 3000.12(a), the regulations provide 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 this 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 an 
opportunity to comment on this procedure during the comment period on 
the original 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.

II. Discussion of Final Rule

    BLM publishes a fee update rule each year, which becomes effective 
on October 1 of that year. The fee updates are based on the IPD-GDP for 
the 4th

[[Page 49331]]

Quarter of the preceding calendar year. BLM's most recent fee update 
rule became effective on October 1, 2008, 73 FR 54717 (Sept. 23, 2008), 
based on the IPD-GDP for 4th Quarter 2007. This fee update rule is 
based on the IPD-GDP for 4th Quarter 2008, thus reflecting inflation 
over the four calendar quarters since 4th Quarter 2007.
    This rule continues the BLM's past practice of rounding numbers to 
arrive at the final fee. Values equal to or greater than $1 are rounded 
to the nearest $5, while values under $1 are rounded to the nearest 
penny.
    In the 2007 fee update rule, 72 FR 50882, Sept. 5, 2007, we 
attempted to move all references to fee amounts in specific program 
areas from the rule text to the fee table at 43 CFR 3000.12 for 
administrative convenience. While preparing this rule, we found that 
one reference to a specific fee amount remained at 43 CFR 3216.14, in 
an example relating to fees for transfer of geothermal lease interests. 
In this final rule, we have revised the language of that provision to 
remove reference to a specific fee amount. This revision is for 
administrative convenience and has no substantive effect.
    The calculations that resulted in the new fees are included in the 
table below.

                                          Fixed Cost Recovery Fees FY09
----------------------------------------------------------------------------------------------------------------
                                                                             IPD-GDP
                 Document/action                   Existing     Existing     increase    New value   New fee \5\
                                                   fee \1\     value \2\       \3\          \4\
----------------------------------------------------------------------------------------------------------------
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150):
    Noncompetitive lease application...........         $365      $367.08        $7.60      $374.68         $375
    Competitive lease application..............          140       142.45         2.95       145.40          145
    Assignment and transfer of record title or            80        82.18         1.70        83.88           85
     operating rights..........................
    Overriding royalty transfer, payment out of           10        10.95         0.23        11.18           10
     production................................
    Name change, corporate merger or transfer            190       191.75         3.97       195.72          195
     to heir/devisee...........................
    Lease consolidation........................          405       405.43         8.39       413.82          415
    Lease renewal or exchange..................          365       367.08         7.60       374.68          375
    Lease reinstatement, Class I...............           70        71.22         1.47        72.69           75
    Leasing under right-of-way.................          365       367.08         7.60       374.68          375
    Geophysical exploration permit application--          25  ...........  ...........  ...........       25 \6\
     Alaska....................................
    Renewal of exploration permit--Alaska......           25  ...........  ...........  ...........       25 \7\
Geothermal (part 3200):
    Noncompetitive lease application...........          365       367.08         7.60       374.68          375
    Competitive lease application..............          140       142.45         2.95       145.40          145
    Assignment and transfer of record title or            80        82.18         1.70        83.88           85
     operating right...........................
    Name change, corporate merger or transfer            190       191.75         3.97       195.72          195
     to heir/devisee...........................
    Lease consolidation........................          405       405.43         8.39       413.82          415
    Lease reinstatement........................           70        71.22         1.47        72.69           75
    Nomination of lands........................          105       102.57         2.12       104.69          105
        plus per acre nomination fee...........         0.10      0.10257      0.00212      0.10469         0.10
    Site license application...................           55        54.79         1.13        55.92           55
    Assignment or transfer of site license.....           55        54.79         1.13        55.92           55
Coal (parts 3400, 3470):
    License to mine application................           10        10.95         0.23        11.18           10
    Exploration license application............          300       301.33         6.24       307.57          310
    Lease or lease interest transfer...........           60        60.27         1.25        61.52           60
Leasing of Solid Minerals Other Than Coal and
 Oil Shale (parts 3500, 3580):
    Applications other than those listed below.           35        32.87         0.68        33.55           35
    Prospecting permit application amendment...           60        60.27         1.25        61.52           60
    Extension of prospecting permit............          100        98.62         2.04       100.66          100
    Lease modification or fringe acreage lease.           25        27.40         0.57        27.97           30
    Lease renewal..............................          470       471.18         9.75       480.93          480
    Assignment, sublease, or transfer of                  25        27.40         0.57        27.97           30
     operating rights..........................
    Transfer of overriding royalty.............           25        27.40         0.57        27.97           30
    Use permit.................................           25        27.40         0.57        27.97           30
    Shasta and Trinity hardrock mineral lease..           25        27.40         0.57        27.97           30
    Renewal of existing sand and gravel lease             25        27.40         0.57        27.97           30
     in Nevada.................................
Multiple Use; Mining (Group 3700):
    Notice of protest of placer mining                    10        10.95         0.23        11.18           10
     operations................................
Mining Law Administration (parts 3800, 3810,
 3830, 3850, 3860, 3870):
    Application to open lands to location......           10        10.95         0.23        11.18           10
    Notice of Location.........................           15        16.43         0.34        16.77           15
    Amendment of location......................           10        10.95         0.23        11.18           10
    Transfer of mining claim/site..............           10        10.95         0.23        11.18           10
    Recording an annual FLPMA filing...........           10        10.95         0.23        11.18           10
    Deferment of assessment work...............          100        98.62         2.04       100.66          100
    Recording a notice of intent to locate                25        27.40         0.57        27.97           30
     mining claims on Stockraising Homestead
     Act lands.................................
    Mineral patent adjudication
        (more than 10 claims)..................        2,760     2,761.31        57.16     2,818.47        2,820
         (10 or fewer claims)..................        1,380     1,380.65        28.58     1,409.23        1,410
    Adverse claim..............................          100        98.62         2.04       100.66          100

[[Page 49332]]

 
    Protest....................................           60        60.27         1.25        61.52           60
----------------------------------------------------------------------------------------------------------------
\1\ The Existing Fee was established by the 2008 cost recovery fee update rule published September 23, 2008 (73
  FR 54717), effective October 1, 2008.
\2\ The Existing Value is the figure from the ``New Value'' column in the rule published September 23, 2008 (73
  FR 54717).
\3\ From 4th Quarter 2007 to 4th Quarter 2008 the IPD-GDP increased by 2.07%. The value in the IPD-GDP Increase
  column is 2.07% of the Existing Fee.
\4\ The sum of the Existing Value and IPD-GDP Increase is the New Value.
\5\ The New Fee for 2010 is the New Value rounded to the nearest 5.00 for values equal to or greater than 1.00,
  or to the nearest penny for values under 1.00.
\6\ 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.
  While 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, we interpret the provision quoted as prohibiting us from increasing this $25 fee.
\7\ We interpret the Energy Policy Act prohibition discussed in footnote 6, above, as prohibiting us from
  increasing this $25 fee, as well.
Source for Implicit Price Deflator for Gross Domestic Product data: U.S. Department of Commerce, Bureau of
  Economic Analysis.

III. 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 following year as 
the basis for calculating the annual adjustment to these fees. Because 
the new values are rounded to the nearest $5.00, or the nearest penny 
for fees under $1.00, 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. In today's rule, the figures in the Existing 
Value column are from the New Value column in the final rule of 
September 23, 2008. However, if the ``New Value'' column is blank 
because the fee was not updated in this rule, 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 rule. This 
calculation will define a new value for that year, which will then be 
rounded to the nearest $5.00, or the nearest penny for fees under 
$1.00, to establish the new adjusted fee.

IV. 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. The changes in today's 
rule are much smaller than those in the 2005 or 2007 final rules, which 
did not approach the threshold in E.O. 12866. For instructions on how 
to view a copy of the analysis prepared in conjunction with the 2005 
final rule, 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, or 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, most 
of these fee increases are less than 3 percent and none of the 
increases materially affects the budgetary impact of user fees.
    Finally, this rule will not raise novel legal issues. As explained 
above, this rule simply implements an annual 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. Most of the fixed fee increases will be less than 3 
percent as a result of this final rule. The adjustments result in no 
increase in the fee for the processing of 20 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 $60.00. 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

[[Page 49333]]

would not have a significant economic effect on a substantial number of 
small entities. The fee increases implemented in today's rule are 
substantially smaller than those provided for in the 2005 rule.

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. The fee increases implemented in today's rule are 
substantially smaller than those provided for in the 2005 rule.

Executive Order 13132, Federalism

    This 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. In accordance with Executive Order 13132, 
therefore, we find that the final rule does not have significant 
Federalism effects. A Federalism assessment is not required.

The Paperwork Reduction Act of 1995

    These regulations contain 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 July 31, 2012;
    (2) 1004-0137 which expires July 31, 2010;
    (3) 1004-0162 which expires May 31, 2012;
    (4) 1004-0185 which expired July 31, 2009, renewal pending;
Geothermal
    (5) 1004-0132 which expires July 31, 2010;
Coal
    (6) 1004-0073 which expires March 31, 2010;
Mining Claims
    (7) 1004-0025 which expires November 30, 2009;
    (8) 1004-0114 which expires February 28, 2010; and
Leasing of Solid Minerals Other Than Oil Shale
    (9) 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 regulation (40 CFR 
1508.4 et seq.) 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 final rule is not significant 
under the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq, 
because it will not result in State, local, private sector, or Tribal 
government expenditures of $100 million or more in any one year. 2 
U.S.C. 1532. This 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.

Consultation and Coordination With Indian Tribal Governments (Executive 
Order 13175)

    In accordance with Executive Order 13175, the BLM has determined 
that this final 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.

Information Quality Act

    In developing this rule, we did not conduct or use a study, 
experiment, or survey requiring peer review under the Information 
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 final 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 final rule. It 
merely adjusts certain administrative cost recovery fees to account for 
inflation.

Author

    The principal author of this rule is Steve Salzman, Division of 
Fluid Minerals, assisted by Faith Bremner of the Division of Regulatory 
Affairs, Bureau of Land Management.

[[Page 49334]]

List of Subjects in 43 CFR Parts 3000 and 3200

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

Ned Farquhar,
Acting 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. Amend Sec.  3000.12 by revising paragraph (a) and the table 
following paragraph (b) 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 2010. 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 2010 Processing and Filing Fee Table
----------------------------------------------------------------------------------------------------------------
                     Document/action                                            FY 2010 fee
----------------------------------------------------------------------------------------------------------------
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150):            .....................................................
    Noncompetitive lease application.....................  $375
    Competitive lease application........................  145
    Assignment and transfer of record title or operating   85
     rights.
    Overriding royalty transfer, payment out of            10
     production.
    Name change, corporate merger or transfer to heir/     195
     devisee.
    Lease consolidation..................................  415
    Lease renewal or exchange............................  375
    Lease reinstatement, Class I.........................  75
    Leasing under right-of-way...........................  375
    Geophysical exploration permit application--Alaska...  25
    Renewal of exploration permit--Alaska................  25
Geothermal (part 3200):                                    .....................................................
    Noncompetitive lease application.....................  375
    Competitive lease application........................  145
    Assignment and transfer of record title or operating   85
     rights.
    Name change, corporate merger or transfer to heir/     195
     devisee.
    Lease consolidation..................................  415
    Lease reinstatement..................................  75
    Nomination of lands..................................  105
        plus per acre nomination fee.....................  0.10
    Site license application.............................  55
    Assignment or transfer of site license...............  55
Coal (parts 3400, 3470):                                   .....................................................
    License to mine application..........................  10
    Exploration license application......................  310
    Lease or lease interest transfer.....................  60
Leasing of Solid Minerals Other Than Coal and Oil Shale    .....................................................
 (parts 3500, 3580):
    Applications other than those listed below...........  35
    Prospecting permit application amendment.............  60
    Extension of prospecting permit......................  100
    Lease modification or fringe acreage lease...........  30
    Lease renewal........................................  480
    Assignment, sublease, or transfer of operating rights  30
    Transfer of overriding royalty.......................  30
    Use permit...........................................  30
    Shasta and Trinity hardrock mineral lease............  30
    Renewal of existing sand and gravel lease in Nevada..  30
Multiple Use; Mining (part 3730):                          .....................................................
    Notice of protest of placer mining operations........  10
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.........................  100
    Recording a notice of intent to locate mining claims   30
     on Stockraising Homestead Act lands.
    Mineral patent adjudication..........................  2,820 (more than 10 claims).
                                                           1,410 (10 or fewer claims).
    Adverse claim........................................  100

[[Page 49335]]

 
    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 3200--GEOTHERMAL RESOURCE LEASING

0
3. 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 3216--Transfers

0
4. Amend Sec.  3216.14 by revising the third sentence of the first 
paragraph to read as follows:


Sec.  3216.14  What filing fees and forms does a transfer require?

    * * * For example, if you are transferring record title for three 
leases, submit three times the fee for ``Assignment and transfer of 
record title or operating rights'' in the fee schedule in Sec.  3000.12 
of this chapter. * * *

[FR Doc. E9-23268 Filed 9-25-09; 8:45 am]
BILLING CODE 4310-84-P