Minerals Management: Adjustment of Cost Recovery Fees, 49330-49335 [E9-23268]
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Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Rules and Regulations
reference in the next update to the TIP
compilation.
(2) EPA Region 1 certifies that the
rules/regulations provided by EPA in
the TIP compilation at the addresses in
paragraph (b)(3) of this section are an
exact duplicate of the officially
promulgated tribal rules/regulations
which have been approved as part of the
Tribal Implementation Plan as of August
13, 2009.
(3) Copies of the materials
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the U.S. Environmental Protection
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(c) EPA-approved regulations.
EPA-APPROVED MOHEGAN TRIBE OF INDIANS OF CONNECTICUT REGULATIONS
Tribal effective
date
Tribal citation
Title/subject
Mohegan Tribal Resolution.
2009–28 ........................
Approval of Amended Tribal Air
Program Area Wide NOX Emission Limitation Regulation.
Mohegan Tribal Gaming
Authority Resolution
MTGA 2009–07.
Confirmation and Approval of
Amended Tribal Air Program
‘‘Area Wide NOX Emission Limitation Regulation.’’.
Memorandum of Agreement dated
December 26, 2006, between the
Mohegan Tribe of Indians of Connecticut and the U.S. Environmental Protection Agency Region
I.
Memorandum of Agreement.
[FR Doc. E9–23259 Filed 9–25–09; 8:45 am]
BILLING CODE 6560–50–P
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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DATES: This final rule is effective
October 1, 2009.
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Explanations
02/18/2009
09/29/09 [Insert Federal Register
page number where the document begins].
Mohegan Tribal Resolution 2009–28 includes the ‘‘Area
Wide NOx Emission
Limitation Regulation.’’
2/18/2009
09/29/09 [Insert Federal Register
page number where the document begins].
12/26/06
11/14/07, 72 FR 63988..
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:
ADDRESSES:
I. Background
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.
SUMMARY:
EPA approval date
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
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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
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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
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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
Existing
fee 1
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Document/action
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150):
Noncompetitive lease application .....................................................
Competitive lease application ...........................................................
Assignment and transfer of record title or operating rights ..............
Overriding royalty transfer, payment out of production ....................
Name change, corporate merger or transfer to heir/devisee ...........
Lease consolidation ..........................................................................
Lease renewal or exchange .............................................................
Lease reinstatement, Class I ............................................................
Leasing under right-of-way ...............................................................
Geophysical exploration permit application—Alaska .......................
Renewal of exploration permit—Alaska ...........................................
Geothermal (part 3200):
Noncompetitive lease application .....................................................
Competitive lease application ...........................................................
Assignment and transfer of record title or operating right ...............
Name change, corporate merger or transfer to heir/devisee ...........
Lease consolidation ..........................................................................
Lease reinstatement .........................................................................
Nomination of lands ..........................................................................
plus per acre nomination fee .....................................................
Site license application .....................................................................
Assignment or transfer of site license ..............................................
Coal (parts 3400, 3470):
License to mine application ..............................................................
Exploration license application .........................................................
Lease or lease interest transfer ........................................................
Leasing of Solid Minerals Other Than Coal and Oil Shale (parts
3500, 3580):
Applications other than those listed below .......................................
Prospecting permit application amendment .....................................
Extension of prospecting permit .......................................................
Lease modification or fringe acreage lease .....................................
Lease renewal ..................................................................................
Assignment, sublease, or transfer of operating rights .....................
Transfer of overriding royalty ............................................................
Use permit ........................................................................................
Shasta and Trinity hardrock mineral lease .......................................
Renewal of existing sand and gravel lease in Nevada ....................
Multiple Use; Mining (Group 3700):
Notice of protest of placer mining operations ..................................
Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860,
3870):
Application to open lands to location ...............................................
Notice of Location .............................................................................
Amendment of location .....................................................................
Transfer of mining claim/site ............................................................
Recording an annual FLPMA filing ...................................................
Deferment of assessment work ........................................................
Recording a notice of intent to locate mining claims on
Stockraising Homestead Act lands ...............................................
Mineral patent adjudication
(more than 10 claims) ...............................................................
(10 or fewer claims) ...................................................................
Adverse claim ...................................................................................
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Existing
value 2
IPD–GDP
increase 3
New value 4
$365
140
80
10
190
405
365
70
365
25
25
$367.08
142.45
82.18
10.95
191.75
405.43
367.08
71.22
367.08
....................
....................
$7.60
2.95
1.70
0.23
3.97
8.39
7.60
1.47
7.60
....................
....................
$374.68
145.40
83.88
11.18
195.72
413.82
374.68
72.69
374.68
....................
....................
$375
145
85
10
195
415
375
75
375
25 6
25 7
365
140
80
190
405
70
105
0.10
55
55
367.08
142.45
82.18
191.75
405.43
71.22
102.57
0.10257
54.79
54.79
7.60
2.95
1.70
3.97
8.39
1.47
2.12
0.00212
1.13
1.13
374.68
145.40
83.88
195.72
413.82
72.69
104.69
0.10469
55.92
55.92
375
145
85
195
415
75
105
0.10
55
55
10
300
60
10.95
301.33
60.27
0.23
6.24
1.25
11.18
307.57
61.52
10
310
60
35
60
100
25
470
25
25
25
25
25
32.87
60.27
98.62
27.40
471.18
27.40
27.40
27.40
27.40
27.40
0.68
1.25
2.04
0.57
9.75
0.57
0.57
0.57
0.57
0.57
33.55
61.52
100.66
27.97
480.93
27.97
27.97
27.97
27.97
27.97
35
60
100
30
480
30
30
30
30
30
10
10.95
0.23
11.18
10
10
15
10
10
10
100
10.95
16.43
10.95
10.95
10.95
98.62
0.23
0.34
0.23
0.23
0.23
2.04
11.18
16.77
11.18
11.18
11.18
100.66
10
15
10
10
10
100
25
27.40
0.57
27.97
30
2,760
1,380
100
2,761.31
1,380.65
98.62
57.16
28.58
2.04
2,818.47
1,409.23
100.66
2,820
1,410
100
Sfmt 4700
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FIXED COST RECOVERY FEES FY09—Continued
Existing
fee 1
Document/action
Protest ..............................................................................................
IPD–GDP
increase 3
Existing
value 2
60
60.27
1.25
New value 4
61.52
New fee 5
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-orunder-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.
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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
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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
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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
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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:
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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;
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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
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environmental assessment nor an
environmental impact statement.
The Unfunded Mandates Reform Act of
1995
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.
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)
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
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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.
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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.
List of Subjects in 43 CFR Parts 3000
and 3200
Public lands—mineral resources,
Reporting and recordkeeping
requirements.
Subpart 3000—General
Ned Farquhar,
Acting Assistant Secretary—Land and
Minerals Management.
For reasons stated in the preamble, the
Bureau of Land Management amends 43
CFR Chapter II as follows:
■
PART 3000—MINERALS
MANAGEMENT: GENERAL
1. The authority citation for part 3000
continues to read as follows:
■
2. Amend § 3000.12 by revising
paragraph (a) and the table following
paragraph (b) to read as follows:
■
§ 3000.12 What is the fee schedule for
fixed fees?
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 (https://
www.blm.gov) before October 1 each
year. Revised fees are effective each year
on October 1.
*
*
*
*
*
(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
FY 2010 PROCESSING AND FILING FEE TABLE
CPrice-Sewell on DSKGBLS3C1PROD with RULES
Document/action
FY 2010 fee
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150):
Noncompetitive lease application .......................................................................................................................
Competitive lease application .............................................................................................................................
Assignment and transfer of record title or operating rights ................................................................................
Overriding royalty transfer, payment out of production ......................................................................................
Name change, corporate merger or transfer to heir/devisee .............................................................................
Lease consolidation ............................................................................................................................................
Lease renewal or exchange ...............................................................................................................................
Lease reinstatement, Class I ..............................................................................................................................
Leasing under right-of-way .................................................................................................................................
Geophysical exploration permit application—Alaska ..........................................................................................
Renewal of exploration permit—Alaska ..............................................................................................................
Geothermal (part 3200):
Noncompetitive lease application .......................................................................................................................
Competitive lease application .............................................................................................................................
Assignment and transfer of record title or operating rights ................................................................................
Name change, corporate merger or transfer to heir/devisee .............................................................................
Lease consolidation ............................................................................................................................................
Lease reinstatement ...........................................................................................................................................
Nomination of lands ............................................................................................................................................
plus per acre nomination fee .......................................................................................................................
Site license application .......................................................................................................................................
Assignment or transfer of site license ................................................................................................................
Coal (parts 3400, 3470):
License to mine application ................................................................................................................................
Exploration license application ...........................................................................................................................
Lease or lease interest transfer ..........................................................................................................................
Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500, 3580):
Applications other than those listed below .........................................................................................................
Prospecting permit application amendment .......................................................................................................
Extension of prospecting permit .........................................................................................................................
Lease modification or fringe acreage lease .......................................................................................................
Lease renewal .....................................................................................................................................................
Assignment, sublease, or transfer of operating rights ........................................................................................
Transfer of overriding royalty ..............................................................................................................................
Use permit ...........................................................................................................................................................
Shasta and Trinity hardrock mineral lease .........................................................................................................
Renewal of existing sand and gravel lease in Nevada ......................................................................................
Multiple Use; Mining (part 3730):
Notice of protest of placer mining operations .....................................................................................................
Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 3870):
Application to open lands to location ..................................................................................................................
Notice of location * ..............................................................................................................................................
Amendment of location .......................................................................................................................................
Transfer of mining claim/site ...............................................................................................................................
Recording an annual FLPMA filing .....................................................................................................................
Deferment of assessment work ..........................................................................................................................
Recording a notice of intent to locate mining claims on Stockraising Homestead Act lands ............................
Mineral patent adjudication .................................................................................................................................
Adverse claim .....................................................................................................................................................
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375
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85
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55
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35
60
100
30
480
30
30
30
30
30
10
10
15
10
10
10
100
30
2,820 (more than 10 claims).
1,410 (10 or fewer claims).
100
Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Rules and Regulations
49335
FY 2010 PROCESSING AND FILING FEE TABLE—Continued
Document/action
FY 2010 fee
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
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
4. Amend § 3216.14 by revising the
third sentence of the first paragraph to
read as follows:
■
§ 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 § 3000.12 of this chapter. * * *
[FR Doc. E9–23268 Filed 9–25–09; 8:45 am]
BILLING CODE 4310–84–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 27
[WT Docket No. 03–66; FCC 09–70]
Facilitating the Provision of Fixed and
Mobile Broadband Access,
Educational and Other Advanced
Services in the 2150–2162 and 2500–
2690 MHz Bands
AGENCY: Federal Communications
Commission.
ACTION: Final rule.
In this document, the
Commission addresses two issues with
respect to two petitions for
reconsideration filed in response to the
Fourth Memorandum Opinion and
Order. First, the Commission changes its
policy regarding the ‘‘start date’’ of
Educational Broadband Service (EBS)
excess capacity lease agreements.
Second, the Commission amends its
rules to permit BRS 1 and 2/2A
licensees to simultaneously operate,
post-transition, in the 2.1 GHz band and
in the 2.5 GHz band. The Commission
makes these changes to facilitate the
provision of the broadband and other
new and innovative wireless services in
the 2.5 GHz band, to ensure that the
CPrice-Sewell on DSKGBLS3C1PROD with RULES
SUMMARY:
VerDate Nov<24>2008
14:30 Sep 25, 2009
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spectrum is put in use, and to promote
rapid service to the public.
DATES: Effective October 28, 2009.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Nancy M. Zaczek, Wireless
Telecommunications Bureau,
Broadband Division, Federal
Communications Commission, 445 12th
Street, SW., Washington, DC 20554, at
(202) 418–0274 or via the Internet to
Nancy.Zaczek@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Fifth
Memorandum Opinion and Order, FCC
09–70, adopted on September 8, 2009
and released on September 11, 2009.
The full text of this document,
including attachments and related
documents is available for public
inspection and copying during normal
business hours in the FCC Reference
Information Center, Room CY–A257,
445 12th Street, SW., Washington, DC
20554. The complete text of these
documents and related Commission
documents may be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc. (BCPI),
Portals II, 445 12th Street, SW., Room
CY–B402, Washington, DC 20554, (202)
488–5300 or (800) 378–3160, contact
BCPI at its Web site: https://
www.bcpiweb.com. When ordering
documents from BCPI, please provide
the appropriate FCC document number,
for example, FCC 09–70. The complete
text of these documents is also available
on the Commission’s Web site at
https://wireless.fcc.gov/edocs_public/
attachment/FCC-09-70A1doc. This full
text may also be downloaded at:
https://wireless.fcc.gov/releases.html.
Alternative formats (computer diskette,
large print, audio cassette, and Braille)
are available by contacting Brian Millin
at (202) 418–7426, TTY (202) 418–7365,
or via e-mail to bmillin@fcc.gov.
Summary
I. Introduction
1. In this Fifth Memorandum Opinion
and Order, the Commission grants, in
part, two petitions for reconsideration of
the Broadband Radio Service (BRS)/
Educational Broadband Service (EBS)
Fourth Memorandum Opinion and
PO 00000
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Fmt 4700
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Order adopted on March 18, 2008 and
released on March 20, 2008, 73 FR
26032 (May 8, 2008).
2. The first issue we address on
reconsideration concerns how the
Commission should implement the 15year term limit for grandfathered EBS
leases (i.e. leases entered into before
January 10, 2005) that it established in
the BRS/EBS Fourth MO&O. The item
adopts an unopposed compromise
proposal negotiated between the
National EBS Association (NEBSA)—
which represents educational interests
that hold EBS licenses—and the
Wireless Communications Association
International, Inc. (WCA)—which
represents commercial operators that
lease spectrum from EBS licensees. Our
adoption of the NEBSA/WCA Proposal
balances the concerns of both educators
and commercial lessees.
3. The second issue we address on
reconsideration concerns whether the
Commission should permit BRS 1 and
2/2A licensees to simultaneously
operate, post-transition, in the 2.1 GHz
band and in the 2.5 GHz band until all
of their customers have migrated to the
2.5 GHz band. This determination is
consistent with the Commission’s
decision in the BRS/EBS Fourth
Memorandum Opinion and Order to
permit such simultaneous operation
pre-transition in order to avoid
requiring BRS operators to flash cut
subscribers to the new band plan.
II. Issues on Reconsideration
A. Grandfathered EBS Leases
4. Background. The Commission
established the Instructional Television
Fixed Service (ITFS) in the 2500–2690
MHz band in 1963 and later adopted
rules for the Multipoint Distribution
Service (MDS). ITFS was generally used
for one-way video service for students.
MDS was generally used to provide
wireless cable service to subscribers. In
1983, noting that the ITFS was being
underutilized, the Commission
permitted ITFS licensees to lease excess
channel capacity to commercial MDS
operators. In 2004, the Commission
renamed ITFS as the Educational
Broadband Service (EBS) and MDS as
the Broadband Radio Service (BRS).
5. The Commission’s policy regarding
the length of EBS leases has evolved
E:\FR\FM\28SER1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 186 (Monday, September 28, 2009)]
[Rules and Regulations]
[Pages 49330-49335]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23268]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 (https://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
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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
