[Federal Register Volume 87, Number 182 (Wednesday, September 21, 2022)]
[Rules and Regulations]
[Pages 57637-57643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20337]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 3000

[223.LLHQ300000.L13100000.PP0000]
RIN 1004-AE86


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 Department 
of the Interior's onshore 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, mineral patent 
adjudications, and Applications for Permits to Drill (APDs).

DATES: This final rule is effective on October 1, 2022.

ADDRESSES: You may send inquiries or suggestions to Director (630), 
Bureau of

[[Page 57638]]

Land Management, 1849 C St. NW, Room 5646, Washington, DC 20240; 
Attention: RIN 1004-AE86.

FOR FURTHER INFORMATION CONTACT: Lonny R. Bagley, Acting Chief, 
Division of Fluid Minerals, 307-622-6956, [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]. Individuals in the United States 
who are deaf, deafblind, hard of hearing, or have a speech disability 
may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications 
relay services for contacting Mr. Bagley. Individuals outside the 
United States should use the relay services offered within their 
country to make international calls to the point-of-contact in the 
United States.

SUPPLEMENTARY INFORMATION:

I. Background

    The Bureau of Land Management (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 that 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. 
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).
    For the first time, this year's annual cost recovery rule includes 
an inflation adjustment to the BLM's APD fee. Between 2016 and 2020, 
the BLM adjusted the APD fee through a series of annual instruction 
memoranda. In 2021, the BLM issued a Federal Register Notice to 
increase the APD fee. In an effort to be more transparent, the BLM last 
year adjusted the fee through publication of a notice in the Federal 
Register (86 FR 58095, October 20, 2021). In order to reduce the BLM's 
publication burden and make it easier for the public to locate the 
fees, the BLM is now including the annual APD fee adjustment in this 
final rule, along with the other minerals-program-related fees that the 
BLM adjusts each year. The BLM plans to include the APD adjustment in 
its annual minerals cost recovery final rule going forward.
    Section 3021(b) of the National Defense Authorization Act of 2015 
(Pub. L. 113-291; 30 U.S.C. 191(d)) (the Act) directs the BLM to 
collect a fee for each new APD submitted to the BLM for fiscal years 
(FY) 2016 through 2026 and requires the fee amount to be adjusted 
annually for inflation. The Act set the initial fee amount at $9,500 as 
of October 1, 2015, with updated annual fee amounts to be indexed for 
United States dollar inflation from that date as measured by the 
Consumer Price Index (CPI). 30 U.S.C. 191(d)(2). The CPI is used only 
for the APD fee inflation adjustment while the IPD-GDP is used for all 
the other fees that are being adjusted for inflation. Public comment 
procedures are unnecessary for this adjustment as the authorizing 
statute does not give the BLM the discretion to vary the amount of the 
inflation adjustment for the APD to reflect any views or suggestions 
provided by commenters.

II. Discussion of Final Rule

    As set forth in the 2005 Cost Recovery Rule, the updates for 48 of 
the fees covered by this rule 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.
    This final rule updates the current (FY 2022) cost recovery fees 
for use in FY 2023. The current fees were set by the cost recovery fee 
rule published on October 4, 2021 (86 FR 54636), effective October 4, 
2021. The update in this final rule adjusts the FY 2022 fees based on 
the change in the IPD-GDP from the 4th Quarter of 2020 to the 4th 
Quarter of 2021.
    As required by the Act, the BLM is updating the APD fee based on 
the percentage change in the U.S. Bureau of Labor Statistics' Consumer 
Price Index for all goods and all urban consumers (CPI-U). Between 2016 
and 2021, the BLM adjusted the APD fee based on CPI-U data from August 
of the previous calendar year to August of the current calendar year. 
This year, in order to accommodate the publishing schedule of this 
final rule, the BLM is adjusting the APD fee based on CPI-U data from 
August 2021 to June 2022. In future years, the APD fee adjustment will 
be based on data from June of the previous calendar year to June of the 
current calendar year. This change will allow the BLM to publish its 
annual cost recovery rule, which will include the APD fee increase, in 
time to start collecting the adjusted fee at the start of each fiscal 
year.
    Under this final rule, 15 fees will remain the same and 33 fees 
will increase. The filing fees are not adjusted if the change is less 
than $5. For example, if inflation adjusted a fee from $14.10 to 
$17.24, the filing fee would remain at $15. Of the 33 fees that are 
being increased by this final rule, 13 fees will increase by $5 each, 
and six fees will increase by $10. Two fees will increase by $15, two 
fees by $20, three fees by $25, and three fees by $30. The largest 
increase, $905, will be applied to the APD fee, which will increase 
from $10,900 to $11,805. The fee for adjudicating a patent application 
containing more than 10 claims will increase by $200--from $3,385 to 
$3,585. The fee for adjudicating a patent application containing 10 or 
fewer claims will increase by $100. The smallest increase--1 cent--will 
be added to the per-acre cost of nominating lands for geothermal 
leasing, which will rise from 12 cents per acre to 13 cents per acre. 
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:

[[Page 57639]]



----------------------------------------------------------------------------------------------------------------
                                                   Existing                  IPD-GDP
            Fixed cost recovery fees               fee \1\      Existing     increase    New value   New fee \5\
                                                  (FY 2022)    value \2\       \3\          \4\        (FY 2023)
----------------------------------------------------------------------------------------------------------------
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150):
    Competitive lease application..............         $175     $174.603      $10.301     $184.904         $185
    Assignment and transfer of record title or           100      100.723        5.942      106.665          105
     operating rights..........................
    Overriding royalty transfer, payment out of           15       13.427        0.792       14.219           15
     production................................
    Name change, corporate merger or transfer            235      235.020       13.866      248.886          250
     to heir/devisee...........................
    Lease consolidation........................          495      496.909       29.317      526.226          525
    Lease renewal or exchange..................          450      449.919       26.545      476.464          475
    Lease reinstatement, Class I...............           85       87.283        5.149       92.432           90
    Leasing under right-of-way.................          450      449.919       26.545      476.464          475
    Geophysical exploration permit application--          25       27.483        1.621       29.104           30
     Alaska....................................
    Renewal of exploration permit--Alaska......           25       27.483        1.621       29.104           30
Geothermal (part 3200):
    Noncompetitive lease application...........          450      449.919       26.545      476.464          475
    Competitive lease application..............          175      174.603       10.301      184.904          185
    Assignment and transfer of record title or           100      100.723        5.942      106.665          105
     operating right...........................
    Name change, corporate merger or transfer            235      235.020       13.866      248.886          250
     to heir/devisee...........................
    Lease consolidation........................          495      496.909       29.317      526.226          525
    Lease reinstatement........................           85       87.283        5.149       92.432           90
    Nomination of lands........................          125      125.707        7.416      133.123          135
    Plus per acre nomination fee...............         0.12        0.123        0.007        0.130         0.13
    Site license application...................           65       67.148        3.961       71.109           70
    Assignment or transfer of site license.....           65       67.148        3.961       71.109           70
Coal (parts 3400, 3470):
    License to mine application................           15       13.427        0.792       14.219           15
    Exploration license application............          370      369.330       21.790      391.120          390
    Lease or lease interest transfer...........           75       73.879        4.358       78.237           80
Leasing of Solid Minerals Other Than Coal and
 Oil Shale (parts 3500, 3580):
    Applications other than those listed below.           40       40.293        2.377       42.670           45
    Prospecting permit amendment...............           75       73.879        4.358       78.237           80
    Extension of prospecting permit............          120      120.870        7.131      128.001          130
    Lease modification or fringe acreage lease.           35       33.584        1.981       35.565           35
    Lease renewal..............................          580      577.509       34.073      611.582          610
    Assignment, sublease, or transfer of                  35       33.585        1.981       35.566           35
     operating rights..........................
    Transfer of overriding royalty.............           35       33.585        1.981       35.566           35
    Use permit.................................           35       33.585        1.981       35.566           35
    Shasta and Trinity hardrock mineral lease..           35       33.585        1.981       35.566           35
    Renewal of existing sand and gravel lease             35       33.585        1.981       35.566           35
     in Nevada.................................
Multiple Use; Mining (Group 3700):
    Notice of protest of placer mining                    15       13.427        0.792       14.219           15
     operations................................
Mining Law Administration (parts 3800, 3810,
 3830, 3850, 3860, 3870):
    Application to open lands to location......           15       13.427        0.792       14.219           15
    Notice of location.........................           20       20.134        1.187       21.321           20
    Amendment of location......................           15       13.427        0.792       14.219           15
    Transfer of mining claim/site..............           15       13.427        0.792       14.219           15
    Recording an annual FLPMA filing...........           15       13.427        0.792       14.219           15
    Deferment of assessment work...............          120      120.870        7.131      128.001          130
    Recording a notice of intent to locate                35       33.585        1.981       35.566           35
     mining claims on Stockraising Homestead
     Act lands.................................
    1Mineral patent adjudication (more than ten        3,385    3,384.464      199.683    3,584.147        3,585
     claims)...................................
        (ten or fewer claims)..................        1,690    1,692.214       99.840    1,792.054        1,790
    Adverse claim..............................          120      120.870        7.131      128.001          130
    Protest....................................           75       73.879        4.358       78.237           80
Oil Shale Management (parts 3900, 3910, 3930):   ...........  ...........  ...........  ...........  ...........
    Exploration license application............          355      354.244       20.900      375.144          375
    Assignment or sublease of record title or             70       72.055        4.251       76.306           75
     overriding royalty........................
----------------------------------------------------------------------------------------------------------------
                                                    Existing     Existing        CPI-U    New value  New fee (FY
                                                     fee (FY    value \7\     increase          \9\   2023) \10\
                                                   2022) \6\                       \8\
----------------------------------------------------------------------------------------------------------------
Oil and Gas Operations/Production (parts 3160,
 3170):
    Application for Permit to Drill............       10,900   10,900.000      905.790   11,805.790       11,805
----------------------------------------------------------------------------------------------------------------
\1\ The Existing Fee was established by the 2021 (FY 2022) cost recovery fee update rule published on October 4,
  2021 (86 FR 54636), effective October 4, 2021.
\2\ The Existing Value is the figure from the New Value column in the previous year's rule.
\3\ From 4th Quarter 2020 (114.438) to 4th Quarter 2021 (121.188), the IPD-GDP increased by 5.9 percent. The
  value in the IPD-GDP Increase column is 5.9 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 2023 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.
\6\ The Existing Fee was established via a notice published in the Federal Register on October 20, 2021 (87 FR
  58095), effective October 20, 2021.

[[Page 57640]]

 
\7\ The existing value is the adjusted CPI-U for August 2020 to August 2021. The statute requires that the APD
  calculation be based on CPI-U and in the past was calculated August to August. This year, it is calculated on
  an August to June timeframe. It will be calculated June to June in upcoming years.
\8\ From August 2021 to June 2022, the adjusted CPI-U increased by 8.31%.
\9\ The sum of the ``Existing Value'' and the ``CPI-U Increase'' is the ``New Value.''
\10\ The new APD fee for FY 2023 is the ``New Value'' rounded to the nearest $10.

III. How Fees Are Adjusted

    The BLM took the base values (or ``existing values'') upon which it 
derived the FY 2022 cost recovery fees (or ``existing fees'') and 
multiplied them by the percent change in the IPD-GDP (5.9 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 2023.
    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 
July 14, 2022, 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.
    The updated APD fee amount reflects an adjustment to the current 
fee of $10,900 based on the percentage change in the CPI-U from the end 
of August 2021 to the end of June 2022. The CPI-U for June 2022 is 8.3 
percent higher than the CPI-U for August 2021. Increasing the 2022 fee 
of $10,900 by 8.3 percent and rounding the product to the nearest $10 
produces a 2023 fee of $11,805.
    The source for CPI-U data is the BLS, U.S. Bureau of Labor 
Statistics, Consumer Price Index for All Urban Consumers: All Items in 
U.S. City Average [CPIAUCSL], retrieved from FRED, Federal Reserve Bank 
of St. Louis; https://fred.stlouisfed.org/series/CPIAUCSL, accessed on 
July 14, 2022.

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 today's rule are much smaller than those in the 2005 Cost 
Recovery Rule, which did not approach the threshold in Executive Order 
12866.
    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 
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 
33 fees for activities on public lands will be increased. The 
adjustments result in no increase in the fees for processing 15 actions 
relating to the BLM's minerals programs. The highest adjustment, in 
dollar terms, is for the APD fee. That fee will increase by $905, from 
$10,900 to $11,805. 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. That analysis 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 APD fee increase is mandated by Section 3021(b) of the National 
Defense Authorization Act of 2015 (Pub. L. 113-291; 30 U.S.C. 191(d)) 
(the Act). The Act directs the BLM to collect a fee for each new APD 
submitted to the BLM for

[[Page 57641]]

fiscal years (FY) 2016 through 2026 and requires the fee amount to be 
adjusted for inflation.

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 September 30, 2024;
    (2) 1004-0137, which expires January 31, 2025;
    (3) 1004-0162, which expires December 31, 2024;
    (4) 1004-0185, which expired December 31, 2021; \11\
---------------------------------------------------------------------------

    \11\ A renewal request for control number 1004-0185 was 
submitted to the Office of Management and Budget on November 22, 
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 July 31, 2025;
    (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 use 
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:

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) 2023. 
These fees are nonrefundable and must be included with documents filed 
under this chapter. Fees will be adjusted annually according to the

[[Page 57642]]

change in the Implicit Price Deflator for Gross Domestic Product (IPD-
GDP) and the change in the Consumer Price Index for all goods and all 
urban consumers (CPI-U) by way of publication of a final rule in the 
Federal Register and will subsequently be posted on the BLM website 
(http://www.blm.gov) before October 1 each year. Revised fees are 
effective each year on October 1.

    Table 1 to Paragraph (a)--FY 2023 Processing and Filing Fee Table
------------------------------------------------------------------------
                 Document/action                        FY 2023 fee
------------------------------------------------------------------------
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150):
    Competitive lease application...............  $185.
    Assignment and transfer of record title or    105.
     operating rights.
    Overriding royalty transfer, payment out of   15.
     production.
    Name change, corporate merger or transfer to  250.
     heir/devisee.
    Lease consolidation.........................  525.
    Lease renewal or exchange...................  475.
    Lease reinstatement, Class I................  90.
    Leasing under right-of-way..................  475.
    Geophysical exploration permit application--  30.
     Alaska.
    Renewal of exploration permit--Alaska.......  30.
Geothermal (part 3200):
    Noncompetitive lease application............  475.
    Competitive lease application...............  185.
    Assignment and transfer of record title or    105.
     operating rights.
    Name change, corporate merger or transfer to  250.
     heir/devisee.
    Lease consolidation.........................  525.
    Lease reinstatement.........................  90.
    Nomination of lands.........................  135.
    plus per acre nomination fee................  0.13.
    Site license application....................  70.
    Assignment or transfer of site license......  70.
Coal (parts 3400, 3470):
    License to mine application.................  15.
    Exploration license application.............  390.
    Lease or lease interest transfer............  80.
Leasing of Solid Minerals Other Than Coal and
 Oil Shale (parts 3500, 3580):
    Applications other than those listed below..  45.
    Prospecting permit application amendment....  80.
    Extension of prospecting permit.............  130.
    Lease modification or fringe acreage lease..  35.
    Lease renewal...............................  610.
    Assignment, sublease, or transfer of          35.
     operating rights.
    Transfer of overriding royalty..............  35.
    Use permit..................................  35.
    Shasta and Trinity hardrock mineral lease...  35.
    Renewal of existing sand and gravel lease in  35.
     Nevada.
Public Law 359; Mining in Powersite Withdrawals:
 General (part 3730):
    Notice of protest of placer mining            15.
     operations.
Mining Law Administration (parts 3800, 3810,
 3830, 3860, 3870):
    Application to open lands to location.......  15.
    Notice of location *........................  20.
    Amendment of location.......................  15.
    Transfer of mining claim/site...............  15.
    Recording an annual FLPMA filing............  15.
    Deferment of assessment work................  130.
    Recording a notice of intent to locate        35.
     mining claims on Stockraising Homestead Act
     lands.
    Mineral patent adjudication.................  3,585 (more than 10
                                                   claims).
                                                  1,790 (10 or fewer
                                                   claims).
    Adverse claim...............................  130.
    Protest.....................................  80.
Oil Shale Management (parts 3900, 3910, 3930):
    Exploration license application.............  375.
    Application for assignment or sublease of     75.
     record title or overriding royalty.
Onshore Oil and Gas Operations and Production
 (parts 3160, 3170):
    Application for Permit to Drill.............  11,805.
------------------------------------------------------------------------
* 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.


[[Page 57643]]

* * * * *

Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land and Minerals Management.
[FR Doc. 2022-20337 Filed 9-20-22; 8:45 am]
BILLING CODE 4310-84-P