[Federal Register Volume 86, Number 189 (Monday, October 4, 2021)]
[Rules and Regulations]
[Pages 54636-54641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21514]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 3000

[212L1109AF.LLHQ300000. L13100000.PP0000]
RIN 1004-AE81


Minerals Management: Adjustment of Cost Recovery Fees

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rule.

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SUMMARY: This final rule updates the fees set forth in the Bureau of 
Land Management (BLM) mineral resources regulations for the processing 
of certain minerals program-related actions. It also adjusts certain 
filing fees for minerals-related documents. These updated fees include 
those for actions such as lease renewals and mineral patent 
adjudications.

DATES: This final rule is effective on October 4, 2021.

ADDRESSES: You may send inquiries or suggestions to Director (630), 
Bureau of Land Management, 760 Horizon Drive, Grand Junction, CO 81506; 
Attention: RIN 1004-AE81.

FOR FURTHER INFORMATION CONTACT: Sheila Mallory, Acting Chief, Division 
of Fluid Minerals, 775-287-3293, [email protected]; Lindsey Curnutt, 
Chief, Division of Solid Minerals, 775-824-2910, [email protected]; or 
Faith Bremner, Regulatory Analyst, Division of Regulatory Affairs, 
[email protected]. Persons who use a telecommunications device for the 
deaf (TDD) may leave a message for these individuals with the Federal 
Relay Service (FRS) at 1-800-877-8339, 24 hours a day, 7 days a week.

SUPPLEMENTARY INFORMATION:

I. Background

    The BLM has 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) 
that established new fees or revised fees and service charges for 
processing documents related to its minerals programs (``2005 Cost 
Recovery Rule''). In addition, the 2005 Cost Recovery Rule also 
established the method the BLM would use to adjust those fees and 
service charges for inflation on an annual basis.
    The regulations at 43 CFR 3000.12(a) provide that the BLM will 
annually adjust fees established in subchapter C (43 CFR parts 3000-
3900) according to changes in the Implicit Price Deflator for Gross 
Domestic Product (IPD-GDP), which is published quarterly by the U.S.

[[Page 54637]]

Department of Commerce. See also 43 CFR 3000.10. This final rule 
updates those fees and service charges consistent with that direction. 
The fee adjustments in this final rule are based on the mathematical 
formula set forth in the 2005 Cost Recovery Rule. The public had an 
opportunity to comment on that adjustment procedure as part of the 2005 
rulemaking. Accordingly, the Department of the Interior 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 fee adjustments in this 
final rule may be effective less than 30 days after publication. See 43 
CFR 3000.10(c).

II. Discussion of Final Rule

    As set forth in the 2005 Cost Recovery Rule, the fee updates are 
based on the change in the IPD-GDP. The BLM's minerals program 
publishes the updated cost recovery fees annually, at the start of each 
fiscal year (FY).
    This final rule updates the current (FY 2021) cost recovery fees 
for use in FY 2022. The current fees were set by the cost recovery fee 
rule published on October 9, 2020 (85 FR 64056), effective October 9, 
2020. The update in this final rule adjusts the FY 2021 fees based on 
the change in the IPD-GDP from the 4th Quarter of 2019 to the 4th 
Quarter of 2020.
    Under this final rule, 33 fees will remain the same and 15 fees 
will increase. Of the 15 fees that are being increased by this final 
rule, 12 fees will increase by $5 each, and one fee will increase by 
$10. The largest increase, $45, will be applied to the fee for 
adjudicating a mineral patent application containing more than 10 
claims, which will increase from $3,340 to $3,385. The fee for 
adjudicating a patent application containing 10 or fewer claims will 
increase by $20, from $1,670 to $1,690. It is important to note that 
the ``real'' values of the fees are not actually increasing, since real 
values account for the effect of inflation. In real terms, the values 
of the fees are simply being adjusted to account for the changes in the 
prices of goods and services produced in the United States.
    The calculations that resulted in the new fees are included in the 
table below:
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    \1\ The Existing Fee was established by the 2020 (FY 2021) cost 
recovery fee update rule published on October 9, 2020 (85 FR 64056), 
effective October 9, 2020.
    \2\ The Existing Value is the figure from the New Value column 
in the previous year's rule.
    \3\ From 4th Quarter 2019 (112.950) to 4th Quarter 2020 
(114.368), the IPD-GDP increased by 1.26 percent. The value in the 
IPD-GDP Increase column is 1.26 percent of the ``Existing Value.''
    \4\ The sum of the ``Existing Value'' and the ``IPD-GDP 
Increase'' is the ``New Value.''
    \5\ The ``New Fee'' for FY 2022 is the ``New Value'' rounded to 
the nearest $5 for values equal to or greater than $1, or rounded to 
the nearest penny for values under $1.

----------------------------------------------------------------------------------------------------------------
                                                   Existing                  IPD-GDP
            Fixed cost recovery fees             fee \1\ (FY    Existing     increase    New value   New fee \5\
                                                    2021)      value \2\       \3\          \4\       (FY 2022)
----------------------------------------------------------------------------------------------------------------
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150):
    Noncompetitive lease application...........         $445     $444.321       $5.598     $449.919         $450
    Competitive lease application..............          170      172.431        2.172      174.603          175
    Assignment and transfer of record title or           100       99.470        1.253      100.723          100
     operating rights..........................
    Overriding royalty transfer, payment out of           15       13.260        0.167       13.427           15
     production................................
    Name change, corporate merger or transfer            230      232.096        2.924      235.020          235
     to heir/devisee...........................
    Lease consolidation........................          490      490.726        6.183      496.909          495
    Lease renewal or exchange..................          445      444.321        5.598      449.919          450
    Lease reinstatement, Class I...............           85       86.197        1.086       87.283           85
    Leasing under right-of-way.................          445      444.321        5.598      449.919          450
    Geophysical exploration permit application--          25       27.142        0.341       27.483           25
     Alaska....................................
    Renewal of exploration permit--Alaska......           25       27.142        0.341       27.483           25
Geothermal (part 3200):
    Noncompetitive lease application...........          445      444.321        5.598      449.919          450
    Competitive lease application..............          170      172.431        2.172      174.603          175
    Assignment and transfer of record title or           100       99.470        1.253      100.723          100
     operating right...........................
    Name change, corporate merger or transfer            230      232.096        2.924      235.020          235
     to heir/devisee...........................
    Lease consolidation........................          490      490.726        6.183      496.909          495
    Lease reinstatement........................           85       86.197        1.086       87.283           85
    Nomination of lands........................          125      124.143        1.564      125.707          125
    Plus per acre nomination fee...............         0.12        0.122        0.001        0.123         0.12
    Site license application...................           65       66.313        0.835       67.148           65
    Assignment or transfer of site license.....           65       66.313        0.835       67.148           65
Coal (parts 3400, 3470):
    License to mine application................           15       13.260        0.167       13.427           15
    Exploration license application............          365      364.735        4.595      369.330          370
    Lease or lease interest transfer...........           75       72.960        0.919       73.879           75
Leasing of Solid Minerals Other Than Coal and
 Oil Shale (parts 3500, 3580):
    Applications other than those listed below.           40       39.792        0.501       40.293           40
    Prospecting permit amendment...............           75       72.960        0.919       73.879           75
    Extension of prospecting permit............          120      119.366        1.504      120.870          120
    Lease modification or fringe acreage lease.           35       33.168        0.417       33.584           35
    Lease renewal..............................          570      570.323        7.186      577.509          580
    Assignment, sublease, or transfer of                  35       33.168        0.417       33.585           35
     operating rights..........................
    Transfer of overriding royalty.............           35       33.168        0.417       33.585           35
    Use permit.................................           35       33.168        0.417       33.585           35
    Shasta and Trinity hardrock mineral lease..           35       33.168        0.417       33.585           35
    Renewal of existing sand and gravel lease             35       33.168        0.417       33.585           35
     in Nevada.................................
Multiple Use; Mining (Group 3700):
    Notice of protest of placer mining                    15       13.260        0.167       13.427           15
     operations................................

[[Page 54638]]

 
Mining Law Administration (parts 3800, 3810,
 3830, 3850, 3860, 3870):
    Application to open lands to location......           15       13.260        0.167       13.427           15
    Notice of location.........................           20       19.884        0.250       20.134           20
    Amendment of location......................           15       13.260        0.167       13.427           15
    Transfer of mining claim/site..............           15       13.260        0.167       13.427           15
    Recording an annual FLPMA filing...........           15       13.260        0.167       13.427           15
    Deferment of assessment work...............          120      119.366        1.504      120.870          120
    Recording a notice of intent to locate                35       33.168        0.417       33.585           35
     mining claims on Stockraising Homestead
     Act lands.................................
    Mineral patent adjudication (more than ten         3,340    3,342.351       42.113    3,384.464        3,385
     claims)...................................
        (ten or fewer claims)..................        1,670    1,671.158       21.056    1,692.214        1,690
    Adverse claim..............................          120      119.366        1.504      120.870          120
    Protest....................................           75       72.960        0.919       73.879           75
Oil Shale Management (parts 3900, 3910, 3930):
    Exploration license application............          350      349.837        4.407      354.244          355
    Assignment or sublease of record title or             70       71.159        0.896       72.055           70
     overriding royalty........................
----------------------------------------------------------------------------------------------------------------

III. How Fees Are Adjusted

    The BLM took the base values (or ``existing values'') upon which it 
derived the FY 2021 cost recovery fees (or ``existing fees'') and 
multiplied them by the percent change in the IPD-GDP (1.26 percent for 
this update) to generate the ``IPD-GDP increases'' (in dollars). The 
BLM then added the ``IPD-GDP increases'' to the ``existing values'' to 
generate the ``new values.'' The BLM then calculated the ``new fees'' 
by rounding the ``new values'' to the closest multiple of $5 for fees 
equal to or greater than $1, or to the nearest cent for fees under $1. 
The ``new fees'' are the updated cost recovery fees for FY 2022.
    The source for IDP-GDP data is the U.S. Department of Commerce, 
Bureau of Economic Analysis, specifically, ``Table 1.1.9. Implicit 
Price Deflators for Gross Domestic Product,'' which the BLM accessed on 
May 13, 2021, on the web at https://apps.bea.gov/iTable/iTable.cfm?reqid=19&step=2#reqid=19&step=3&isuri=1&1921=survey&1903=13.

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 final rule under Executive 
Order 12866.
    The BLM has determined that this final 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 this rule are much smaller than those in the 2005 Cost 
Recovery Rule, which did not approach the threshold in Executive Order 
12866. For instructions on how to view a copy of the analysis prepared 
in conjunction with the 2005 Cost Recovery Rule, please contact one of 
the persons listed in the FOR FURTHER INFORMATION CONTACT section 
above.
    This final 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 will 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 applies an 
inflationary adjustment factor to existing user fees for processing 
certain actions associated with the onshore minerals programs.
    Finally, this final rule will not raise novel legal or policy 
issues. As explained earlier, this rule simply implements an annual 
process to account for inflation that was adopted by 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.). As a result, a Regulatory 
Flexibility Analysis is not required. The Small Business Administration 
(SBA) defines small entities as individual, limited partnerships, or 
small companies considered to be at arm's length from the control of 
any parent companies if they meet the following size requirements as 
established for each North American Industry Classification System 
(NAICS) code:

 Iron ore mining (NAICS code 212210): 750 or fewer employees
 Gold ore mining (NAICS code 212221): 1,500 or fewer employees
 Silver ore mining (NAICS code 212222): 250 or fewer employees
 Uranium-Radium-Vanadium ore mining (NAICS code 212291): 250 or 
fewer employees
 All Other Metal ore mining (NAICS code 212299): 750 or fewer 
employees
 Bituminous Coal and Lignite Surface Mining (NAICS code 
212111): 1,250 or fewer employees
 Bituminous Coal Underground Mining (NAICS code 212112): 1,500 
or fewer employees
 Crude Petroleum Extraction (NAICS code 211120): 1,250 or fewer 
employees
 Natural Gas Extraction (NAICS code 211130): 1,250 or fewer 
employees
 All Other Non-Metallic Mineral Mining (NAICS code 212399): 500 
or fewer employees

    The SBA would consider many, if not most, of the operators with 
whom the BLM works 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 may affect a large number of small entities because 
15 fees for activities on public lands will be increased. The 
adjustments result in no increase in the fees for processing 33 actions 
relating to the BLM's minerals programs. The highest adjustment, in 
dollar terms, is for adjudications of mineral patent applications 
involving

[[Page 54639]]

more than 10 mining claims; that fee will increase by $45. It is 
important to note that the ``real'' values of the fees are not actually 
increasing, since real values account for the effect of inflation. In 
real terms, the values of the fees are simply being adjusted to account 
for the changes in the prices of goods and services produced in the 
United States. Accordingly, the BLM has concluded that the economic 
effect of the rule's changes will not be significant, even for small 
entities.
    For the 2005 Cost Recovery Rule, the BLM completed a Regulatory 
Flexibility Act 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 Cost Recovery Rule concluded that the fees would 
not have a significant economic effect on a substantial number of small 
entities. The fee increases implemented in this rule are substantially 
smaller than those provided for in the 2005 Cost Recovery 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. 
Accordingly, a Small Entity Compliance Guide is not required.

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, 
the BLM therefore finds that the final rule does not have federalism 
implications, and a federalism assessment is not required.

The Paperwork Reduction Act of 1995

    This final rule does not contain information-collection 
requirements that require a control number from the Office of 
Management and Budget in accordance with the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501-3521). After the effective date of this rule, the 
new fees may affect the non-hour burdens associated with the following 
control numbers:
Oil and Gas
    (1) 1004-0034, which expires August 31, 2021; \6\
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    \6\ A renewal request for control number 1004-0034 was submitted 
to the Office of Management and Budget on May 5, 2021.
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    (2) 1004-0137, which expires October 31, 2021;
    (3) 1004-0162, which expires October 31, 2021;
    (4) 1004-0185, which expires December 31, 2021;
Geothermal
    (5) 1004-0132, which expires July 31, 2023;
Coal
    (6) 1004-0073, which expires April 30, 2023;
Mining Claims
    (7) 1004-0025, which expires February 28, 2022;
    (8) 1004-0114, which expires April 30, 2023; and
Leasing of Solid Minerals Other Than Oil Shale
    (9) 1004-0121, which expires October 31, 2022.

Takings Implication Assessment (Executive Order 12630)

    As required by Executive Order 12630, the BLM has determined that 
this final rule will not cause a taking of private property. No private 
property rights will be affected by a rule that merely updates fees. 
The BLM 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 qualifies as a routine 
financial transaction and a regulation of an administrative, financial, 
legal, or procedural nature that is categorically excluded from 
environmental review under NEPA pursuant to 43 CFR 46.205 and 46.210(c) 
and (i). The final rule does not meet any of the 12 criteria for 
exceptions to categorical exclusions listed at 43 CFR 46.215. 
Therefore, neither an environmental assessment nor an environmental 
impact statement is required in connection with the rule (40 CFR 
1508.4).

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. Specifically, the rule would not have substantial direct 
effects on one or more Indian Tribes. Consequently, the BLM did not 
utilize the consultation process set forth in Section 5 of the 
Executive order.

Information Quality Act

    In developing this final rule, the BLM 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. It merely adjusts 
certain administrative cost recovery fees to account for inflation.

Author

    The principal author of this final rule is Faith Bremner of the 
Division of Regulatory Affairs, Bureau of Land Management.

List of Subjects in 43 CFR Part 3000

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

    For reasons stated in the preamble, the Bureau of Land Management 
amends 43 CFR part 3000 as follows:

[[Page 54640]]

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) 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 must be 
paid to the BLM for the services listed for Fiscal Year (FY) 2022. 
These fees are nonrefundable and must be included with documents filed 
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 website (https://www.blm.gov) 
before October 1 each year. Revised fees are effective each year on 
October 1.

    Table 1 to Paragraph (a)--FY 2022 Processing and Filing Fee Table
------------------------------------------------------------------------
                      Document/action                        FY 2022 fee
------------------------------------------------------------------------
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150):
    Noncompetitive lease application.......................         $450
    Competitive lease application..........................          175
    Assignment and transfer of record title or operating             100
     rights................................................
    Overriding royalty transfer, payment out of production.           15
    Name change, corporate merger or transfer to heir/               235
     devisee...............................................
    Lease consolidation....................................          495
    Lease renewal or exchange..............................          450
    Lease reinstatement, Class I...........................           85
    Leasing under right-of-way.............................          450
    Geophysical exploration permit application--Alaska.....           25
    Renewal of exploration permit--Alaska..................           25
Geothermal (part 3200):
    Noncompetitive lease application.......................          450
    Competitive lease application..........................          175
    Assignment and transfer of record title or operating             100
     rights................................................
    Name change, corporate merger or transfer to heir/               235
     devisee...............................................
    Lease consolidation....................................          495
    Lease reinstatement....................................           85
    Nomination of lands....................................          125
        plus per acre nomination fee.......................         0.12
    Site license application...............................           65
    Assignment or transfer of site license.................           65
Coal (parts 3400, 3470):
    License to mine application............................           15
    Exploration license application........................          370
    Lease or lease interest transfer.......................           75
Leasing of Solid Minerals Other Than Coal and Oil Shale
 (parts 3500, 3580):
    Applications other than those listed below.............           40
    Prospecting permit application amendment...............           75
    Extension of prospecting permit........................          120
    Lease modification or fringe acreage lease.............           35
    Lease renewal..........................................          580
    Assignment, sublease, or transfer of operating rights..           35
    Transfer of overriding royalty.........................           35
    Use permit.............................................           35
    Shasta and Trinity hardrock mineral lease..............           35
    Renewal of existing sand and gravel lease in Nevada....           35
Public Law 359; Mining in Powersite Withdrawals: General
 (part 3730):
    Notice of protest of placer mining operations..........           15
Mining Law Administration (parts 3800, 3810, 3830, 3860,
 3870):
    Application to open lands to location..................           15
    Notice of location \1\.................................           20
    Amendment of location..................................           15
    Transfer of mining claim/site..........................           15
    Recording an annual FLPMA filing.......................           15
    Deferment of assessment work...........................          120
    Recording a notice of intent to locate mining claims on           35
     Stockraising Homestead Act lands......................
    Mineral patent adjudication............................      * 3,385
                                                                ** 1,690
    Adverse claim..........................................          120
    Protest................................................           75
Oil Shale Management (parts 3900, 3910, 3930):
    Exploration license application........................          355
    Application for assignment or sublease of record title            70
     or overriding royalty.................................
------------------------------------------------------------------------
\1\ To record a mining claim or site location, this processing fee along
  with the initial maintenance fee and the one-time location fee
  required by statute (43 CFR part 3833) must be paid.
* (more than 10 claims).

[[Page 54641]]

 
** (10 or fewer claims).

* * * * *

Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land and Minerals Management.
[FR Doc. 2021-21514 Filed 10-1-21; 8:45 am]
BILLING CODE 4310-84-P