[Federal Register Volume 84, Number 126 (Monday, July 1, 2019)]
[Rules and Regulations]
[Pages 31219-31222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13963]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 3830

[LLWO320000-L1999000.PP0000]
RIN 1004-AE64


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 issuing this final rule 
to make statutorily required 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 July 1, 2019.

ADDRESSES: 
    Mail: Director (630), Bureau of Land Management, U.S. Department of 
the Interior, 1849 C St. NW, Washington, DC 20240, Attention: ``RIN 
1004-AE64''.
    Personal or messenger delivery: U.S. Department of the Interior, 
Bureau of Land Management, 20 M St. SE, Room 2134LM, Attention: 
Regulatory Affairs, Washington, DC 20003.

FOR FURTHER INFORMATION CONTACT: Elaine Guenaga at (775) 861-6539 in 
the Solid Minerals Group as to program matters or the substance of the 
final rule, or Chandra Little in the Division of Regulatory Affairs at 
(202) 912-7403 for information relating to the rulemaking process 
generally. Persons who use a telecommunications device for the deaf 
(TDD) may call the Federal Information Relay Service (FIRS) at 1-800-
877-8339, 24 hours a day, seven days a week to contact the above 
individuals.

SUPPLEMENTARY INFORMATION:

I. Background
II. Discussion of the Administrative Final Rule
III. Procedural Matters

I. Background

    The Mining Law of 1872 allows individuals and corporations to 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 fee in lieu of performing annual assessment work and 
making annual filings. Mining claimants locating new claims or sites 
must pay an initial ``maintenance'' fee for the assessment year in 
which the mining claim was located, and also pay a one-time location 
fee. See 30 U.S.C. 28f-28l.
    This rule implements 30 U.S.C. 28j(c), which requires adjustments 
to the location and maintenance fees ``to reflect changes in the 
Consumer Price Index (CPI) 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 (July 1, 2004)). In 2009, 
the BLM increased the amount of the location and maintenance fees to 
$34 and $140, respectively, based on the change in the CPI from 
December 31, 2003, to December 31, 2008. (74 FR 30959). On July 27, 
2012, the BLM issued a rule (77 FR 44155 (July 27, 2012)), that also 
amended 43 CFR 3830.21, based on a law that changed the way the 
maintenance fee is calculated for unpatented placer mining claims. Then 
in 2014, the BLM increased the amount of the location fee to $37, and 
increased the maintenance fee to $155 for lode mining claims or sites, 
and $155 for each 20 acres or portion thereof for placer mining claims, 
based on the change in the CPI from December 31, 2008, to December 31, 
2013. (79 FR 36662).
    The adjustments made in this rule are based upon the change in the 
CPI from December 31, 2013, to December 31, 2018, as reported by the 
Bureau of Labor Statistics (BLS) in the ``CPI Databases'' (https://www.bls.gov/cpi/data.htm). The particular series used for this update 
is the ``All Urban Consumers (Current Series) (Consumer Price Index--
CPI-U).'' This is a change from the last adjustment to these fees, made 
in 2014. The BLM decided to use the CPI-U series as the basis for this 
update (instead of the Chain CPI for All Urban Consumers (C-CPI-U)), 
because the release of the CPI-U data is final and timely and because 
it is the more common series used by Federal agencies for this type of 
exercise. By contrast, using the C-CPI-U series would necessitate the 
use of preliminary data. See the Economic and Threshold Analysis for 
this rule for further explanation of this change.
    The calculated change is 7.80 percent from December 31, 2013, 
through December 31, 2018. A calculated value for the fees was obtained 
by inflating the location and maintenance fees established in the 2014 
rulemaking by 7.80 percent. The new location fee is $40, and the new 
maintenance fee is $165 per lode mining claim or site and $165 for each 
20 acres or portion thereof for placer mining claims. 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 and maintenance fee 
for any mining claim or site located on or after September 1, 2019. 
Mining claimants must pay the new maintenance fee to maintain existing 
mining claims and sites beginning with the 2020 maintenance year. The 
maintenance fee is due on or before September 1, 2019. Under 43 CFR 
3834.23(d), mining claimants who have already submitted maintenance 
fees for the 2020 assessment year, and those who timely pay the 2020 
assessment year maintenance fee based on the fee in effect immediately 
before the adjustment was made, will be given an opportunity to pay the 
additional amount without penalty upon notice from the BLM. The BLM 
will also give claimants the opportunity to cure deficient maintenance 
and location fee payments for new claims or sites located on or after 
September 1, 2019, and timely received on or before December 31, 2019.

II. Discussion of the Administrative Final Rule

Why the Rule Is Being Published on a Final Basis

    The BLM is adopting this final rule solely to adjust the location 
and maintenance fee amounts in section

[[Page 31220]]

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 2014. The statute 
specifies the method of calculation of the fee adjustments and 
prescribes the form and manner of notice of the fee adjustment, and the 
BLM has no discretion in implementing the statute. 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.

Organization of the Final Rule

    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 lode mining claim, mill site, or tunnel site and for each 
20 acres or portion thereof for a placer mining claim.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) will review all significant rules. This rule 
is not significant and OIRA will not formally review it because it does 
not meet one or more of the Executive Order 12866 criteria for 
significance as follows:
    (a) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities. The rule increases the maintenance and location fees as 
provided for by statute. We estimate that the rule will likely result 
in a small increase in transfer payments from mining claimants to the 
Federal government. 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 $76 million annually, of which approximately $5.51 
million will be attributable to the adjustments made in this rule.
    (b) This rule will not create an inconsistency or otherwise 
interfere with an action taken or planned by another agency. The rule 
affects only the BLM's administration of its minerals program and does 
not change the relationships of the BLM to other agencies and their 
actions.
    (c) This rule does not change the budgetary effects of 
entitlements, grants, user fees, or loan programs or the rights or 
obligations of their recipients.
    (d) This rule does not raise novel legal or policy issues. It 
merely updates the maintenance and location fees that BLM assesses.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. The executive order directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public where these approaches are relevant, feasible, 
and consistent with regulatory objectives. Executive Order 13563 
emphasizes further that regulations must be based on the best available 
science and that the rulemaking process must allow for public 
participation and an open exchange of ideas. This rule has been 
developed in a manner consistent with these requirements.

Regulatory Flexibility Act

    The rule would affect business entities across many industries. The 
BLM reviewed the potentially affected entities and determined the 
industries to which they identify. The BLM also evaluated the extent to 
which the proposed rule would affect entities that are small 
businesses, as defined by the Small Business Administration (SBA). See 
the Economic and Threshold Analysis for this rule for a discussion of 
SBA size standards.
    The entities potentially affected by the rule locate mining claims 
or sites, and may be actively involved in the exploration and 
development of locatable minerals \1\ on Federal lands. These entities 
are defined by the SBA as an individual, limited partnership, or small 
company considered being at ``arm's length'' from the control of any 
parent companies. The BLM does not have the authority to collect 
information concerning the number of employees, whether for companies 
locating mining claims or sites, or for companies actively involved in 
the exploration and development of locatable minerals on Federal lands. 
However, by reviewing U.S. Census Bureau data on entities involved in 
the development of locatable type minerals, we can make a reasonable 
conclusion about the extent to which the rule will affect small 
business as defined by the SBA.
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    \1\ Locatable minerals are minerals that may be ``located'' with 
a mining claim under the Mining Law of 1872, (Act of May 10, 1872 
(17 Stat. 92; 30 U.S.C. 28)), as amended. Locatable minerals 
include, but are not limited to, gold, silver, platinum, precious 
gems, uranium, bentonite, chemical grade limestone, chemical grade 
silica sand and gypsum.
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    Based on statistics from the U.S. Census Bureau's 2012 Economic 
Census, all of the potentially affected industries are overwhelmingly 
comprised of small businesses, as defined by the SBA. Based on this 
information, the rule could impact a substantial number of small 
entities.
    In addition to determining if a substantial number of small 
entities are likely to be impacted by this final rule, the BLM must 
also determine whether the final rule is anticipated to have a 
significant economic impact on those small entities. The Regulatory 
Flexibility Act (RFA) does not define ``significant.'' Significance 
must be determined on a case-by-case basis. Significance should not be 
viewed in absolute terms, but should be seen as relative to the size of 
the business, the size of the competitor's business, and the impact the 
regulation has on larger competitors.
    An analysis that looks at the individual financial circumstances, 
i.e., profit margin, for each firm within an industry would help in 
answering the significance question. However, such financial 
information on individual claimants is not available. Even assessing an 
individual entity's ability to pay is problematic as there is limited 
information on most claimants. Most entities holding mining claims or 
sites are either individuals or privately held companies.
    At the end of Fiscal Year (FY) 2018, there were approximately 
27,800 claimants holding approximately 413,000 mining claims and sites. 
This works out to be an average of 15 claims or sites per claimant. 
Assuming that the number of claims and sites, and the number of 
claimants who do not file a fee waiver, do not significantly change 
because of the rule, we estimate a total maintenance fee increase of 
about $5.34 million per year. This represents an average maintenance 
fee increase of about $192 per claimant. The actual impact on an 
individual claimant will depend on a number of factors,

[[Page 31221]]

including the number of claims or sites that are actually held. 
However, the average number of claims and sites actually held by 
individuals and companies that would be considered small entities by 
SBA would likely be significantly less than the 15 claims or sites per 
claimant figure. This average claims-per-claimant figure is skewed by 
the large number of claims and sites held by a few large mining 
companies. For example, the three companies holding the most mining 
claims or sites at the end of FY 2018 each held over 10,000 claims or 
sites. All three of those companies were large multi-national 
corporations.
    For the location fee increase, we estimate a total annual fee 
increase of about $172,000. Assuming 57,000 new filings per year and 
using the average figure of 15 claims or sites per claimant, we 
estimate approximately 3,800 claimants will be impacted by the change 
in the location fee. The average location fee increase will be 
approximately $45 per claimant. As with the maintenance fee increase, 
the actual location fee increase per claimant that classifies as a 
small entity by SBA will likely be significantly less than this $45 
figure.
    Therefore, the BLM has determined that this rule will not have a 
significant economic impact on a substantial number of small entities.

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 $76 million annually, of which $5.51 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.

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 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, the BLM finds that the 
final rule does not include policies that have Tribal implications. 
Because this rule does not make significant substantive changes in the 
regulations and does not specifically involve Indian reservation lands 
(which are closed to the operation of the Mining Law), the BLM finds 
that the rule will have no implications for Indians, Indian Tribes, and 
Tribal governments.

Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This rule is not a significant energy action under the definition 
in Executive Order 13211. A Statement of Energy Effects is not 
required.

Executive Order 13771 Reducing Regulation and Controlling Regulatory 
Costs

    This rule is not a significant regulatory action as defined in 
Section 3(f) of Executive Order 12866 and, therefore, is not a 
regulatory action under Executive Order 13711, per OMB issued guidance 
for implementing that executive order. As such, the BLM is not required 
to identify at least two existing regulations to be repealed, ensure 
that the costs of the rule are less than or equal to $0, or offset the 
costs of the rule by the elimination of existing costs associated with 
at least two prior regulations.
    The BLM has complied with Executive Order 13711 and the OMB 
implementation guidance for that order.

Executive Order 12988, Civil Justice Reform

    In accordance with Executive Order 12988, the BLM finds that the 
final 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 BLM has determined this final rule does not contain any 
information collection requirements that the Office of Management and 
Budget (OMB) must approve under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).

National Environmental Policy Act (NEPA)

    This final rule does not constitute a major Federal action 
significantly affecting the quality of the human environment. A 
detailed statement under the National Environmental Policy Act of 1969 
(NEPA) is not required because this rule is part of the routine 
administration of the fee legislation and is covered by a categorical 
exclusion. This rule will result in no new surface disturbing 
activities and therefore will have no effect on ecological or cultural 
resources. 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 43 CFR 46.205. The rule does not meet any of the 
extraordinary circumstances criteria for categorical exclusions listed 
at 43 CFR 46.215. Under Council on Environmental Quality regulations 
(40 CFR 1508.4) and the environmental

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policies and procedures of the Department, the term ``categorical 
exclusion'' means a category of actions which do not individually or 
cumulatively have a significant effect on the human environment and 
which have been found to have no such effect on procedures adopted by a 
Federal agency and for which, therefore, neither an environmental 
assessment nor an environmental impact statement is required.

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.

Author

    The principal author of this final rule is Elaine Guenaga in the 
Solid Minerals Group assisted by the Division of Regulatory Affairs, 
Washington Office, BLM.

List of Subjects in 43 CFR Part 3830

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

    For the reasons stated in the preamble, the BLM amends 43 CFR part 
3830 as follows:

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

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, 28, 28k, 242, 
611; 31 U.S.C. 9701; 43 U.S.C. 2, 1201, 1212, 1457, 1474, 1740, 
1744; 115 Stat. 414; Pub. L. 112-74, 125 Stat. 786.

Subpart D--BLM Service Charge and Fee Requirements

0
2. Amend Sec.  3830.21 by revising paragraphs (a) and (d) of the table 
to read as follows:


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

* * * * *

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                                        Amount due per mining claim or
              Transaction                            site                           Waiver available
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(a) Recording a mining claim or site    A total sum which includes:     No.
 location (part 3833).                  (1) The processing fee for
                                         notices of location found in
                                         the fee schedule in Sec.
                                         3000.12 of this chapter;.
                                        (2) A one-time $40 location
                                         fee; and
                                        (3)(i) For lode claims, mill
                                         sites and tunnel sites, an
                                         initial $165 maintenance fee;
                                         or
                                        (ii) For placer claims, an
                                         initial $165 maintenance fee
                                         for each 20 acres of the
                                         placer claim or portion
                                         thereof.
 
                                                  * * * * * * *
(d) Maintaining a mining claim or site  (1) For lode claims, mill       Yes. See part 3835.
 for one assessment year (part 3834).    sites and tunnel sites, an
                                         annual maintenance fee of
                                         $165 must be paid on or
                                         before September 1 each year.
                                        (2) For placer claims, a $165
                                         annual maintenance fee for
                                         each 20 acres of the placer
                                         claim or portion thereof must
                                         be paid on or before
                                         September 1 each year.
 
                                                  * * * * * * *
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    Dated: June 24, 2019.
Joseph R. Balash,
Assistant Secretary, Land and Minerals Management.
[FR Doc. 2019-13963 Filed 6-28-19; 8:45 am]
 BILLING CODE 4310-84-P