Minerals Management: Adjustment of Cost Recovery Fees, 55678-55683 [2010-22885]
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Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Rules and Regulations
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Dated: August 26, 2010.
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[FR Doc. 2010–22798 Filed 9–13–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 3000, 3910, and 3930
[L13100000 PP0000 LLWO310000; L1990000
PO0000 LLWO320000]
RIN 1004–AE18
Minerals Management: Adjustment of
Cost Recovery Fees
Bureau of Land Management,
Interior.
ACTION: Final rule.
AGENCY:
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 renewals and mineral
patent adjudications. This rule also
moves the oil shale cost recovery fee
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SUMMARY:
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amounts from the rule text to the
general cost recovery fee table so that
mineral cost recovery fees can be found
in one location.
DATES: This final rule is effective
October 1, 2010.
FOR FURTHER INFORMATION CONTACT:
Steve Salzman, Chief, Division of Fluid
Minerals, (202) 912–7143, or Faith
Bremner, Regulatory Affairs Analyst,
(202) 912–7441. 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.
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–AE18.
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
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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
The 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
Quarter of the preceding calendar year.
The BLM’s most recent fee update rule
became effective on October 1, 2009, 74
FR 49330 (Sept. 28, 2009), based on the
IPD–GDP for the 4th Quarter of 2008.
This fee update rule is based on the
IPD–GDP for the 4th Quarter of 2009,
thus reflecting the rate of inflation over
the four calendar quarters since the 4th
Quarter of 2008.
The fee is calculated by applying the
IPD–GDP to the base value from the
previous year’s rule. This results in an
updated base value. This updated base
value is then rounded to the closest
multiple of $5, or to the nearest cent for
fees under $1, to establish the new fee.
Under this rule, 44 fees will remain
the same, and 4 fees will increase, as
follows:
(A) The Geothermal Program’s lands
nomination fee will increase from plus
10 cents per acre to plus 11 cents per
acre;
(B) The Solid Minerals (other than
Coal and Oil Shale) Program’s lease
renewal fee will increase from $480 to
$485;
(C) The Mining Law Administration
Program’s fee for mineral patent
adjudication of more than 10 claims will
increase from $2,820 to $2,840; and
(D) The Mining Law Administration
Program’s fee for mineral patent
adjudication of 10 or fewer claims will
increase from $1,410 to $1,420.
In this rule we also moved the cost
recovery fees for the oil shale program
into the Processing and Filing Fee Table
at 43 CFR 3000.12. We added a
reference to the f ee table in the relevant
sections of the rule text at 43 CFR
sections 3910.31, 3933.20, and 3933.31.
This is an administrative revision for
the convenience of the reader and has
no substantive effect.
The calculations that resulted in the
new fees are included in the table
below.
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55679
FIXED COST RECOVERY FEES FY11
Existing
value 2
Existing
fee 1
Document/Action
IPD–GDP
increase 3
New value 4
New fee 5
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 ...............................
$ 375
145
85
10
$ 374.68
145.40
83.88
11.18
$ 2.55
0.99
0.57
0.08
$ 377.23
146.39
84.45
11.26
$ 375
145
85
10
195
415
375
75
375
25
25
195.72
413.82
374.68
72.69
374.68
........................
........................
1.33
2.81
2.55
0.49
2.55
........................
........................
197.05
416.63
377.23
73.18
377.23
........................
........................
195
415
375
75
375
25 6
25 7
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 .................................
375
145
85
374.68
145.40
83.88
2.55
0.99
0.57
377.23
146.39
84.45
375
145
85
195
415
75
105
0.10
55
55
195.72
413.82
72.69
104.69
0.10469
55.92
55.92
1.33
2.81
0.49
0.71
0.00071
0.38
0.38
197.05
416.63
73.18
105.40
0.10540
56.30
56.30
195
415
75
105
0.11
55
55
11.18
307.57
61.52
0.08
2.09
0.42
11.26
309.66
61.94
10
310
60
0.23
0.42
0.68
0.19
3.27
0.19
0.19
0.19
0.19
0.19
33.78
61.94
101.34
28.16
484.20
28.16
28.16
28.16
28.16
28.16
35
60
100
30
485
30
30
30
30
30
0.08
11.26
10
Coal (parts 3400, 3470)
License to mine application .................................................
Exploration license application ............................................
Lease or lease interest transfer ...........................................
10
310
60
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 .......
35
60
100
30
480
30
30
30
30
30
33.55
61.52
100.66
27.97
480.93
27.97
27.97
27.97
27.97
27.97
Multiple Use; Mining (part 3700)
Notice of protest of placer mining operations ......................
10
11.18
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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 ......................................................................
Protest ..................................................................................
10
15
10
10
10
100
11.18
16.77
11.18
11.18
11.18
100.66
0.08
0.11
0.08
0.08
0.08
0.68
11.26
16.88
11.26
11.26
11.26
101.34
10
15
10
10
10
100
30
27.97
0.19
28.16
30
2,820
1,410
100
60
2,818.47
1,409.23
100.66
61.52
19.17
9.58
0.68
0.42
2,837.64
1,418.81
101.34
61.94
2,840
1,420
100
60
2.01
297.01
295
Oil Shale Management (parts 3900, 3910, 3930)
Exploration license application ............................................
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FIXED COST RECOVERY FEES FY11—Continued
Existing
fee 1
Document/Action
Application for assignment or sublease of record title or
overriding royalty ..............................................................
IPD–GDP
increase 3
Existing
value 2
60
60
0.41
New value 4
60.41
New fee 5
60
Source for Implicit Price Deflator for Gross Domestic Product data: U.S. Department of Commerce, Bureau of Economic Analysis.
1 The Existing Fee was established by the 2009 (Fiscal Year 2010) cost recovery fee update rule published September 28, 2009 (74 FR
49330), effective October 1, 2009.
2 The Existing Value is the figure from the New Value column in the previous year’s rule. In the case of fees that were not in the table the previous year, or that had no figure in the New Value column the previous year, the Existing Value is the same as the Existing Fee.
3 From 4th Quarter 2008 to 4th Quarter 2009, the IPD–GDP increased by 0.68 percent. The value in the IPD–GDP Increase column is 0.68
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 2011 is the New Value rounded to the nearest $5 for values equal to or greater than $1, or to the nearest penny for values
under $1.
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.
III. How Fees Are Adjusted
Each year, the figures in the Existing
Value column in the table above, not
those in the Existing Fee column, are
used as the basis for calculating the
adjustment to these fees. The Existing
Value is the figure from the New Value
column in the previous year’s rule. In
the case of fees that were not in the table
the previous year, or that had no figure
in the New Value column the previous
year, the Existing Value is the same as
the Existing Fee. Because in setting the
fees, values are rounded to the nearest
$5, or the nearest penny for fees under
$1, adjustments based on the figures in
the Existing Fee column would lead to
significantly over-or-under-valued fees
over time. Fee adjustments are made by
multiplying the annual change in the
IPD–GDP by the figure in the Existing
Value column. This calculation defines
a new value for this year, which is then
rounded to the nearest $5, or the nearest
penny for fees under $1, to establish the
new fee.
IV. Procedural Matters
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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.
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 final rule, which did not approach
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the threshold in Executive Order 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 a handful
of existing user fees for processing
documents associated with the onshore
minerals programs. However, most of
these fee increases are less than 1
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
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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 not affect a large
number of small entities since only four
fees for activities on public lands will be
increased. We have concluded that the
effects will not be significant. Only 4
out of 48 fees will be adjusted upward,
and most of the fixed fee increases will
be less than 1 percent as a result of this
final rule. 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 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.
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Mining Claims
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.), the BLM
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
September 30, 2010, renewal pending;
(3) 1004–0162 which expires May 31,
2012;
(4) 1004–0185 which expires
November 30, 2012;
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Geothermal
(5) 1004–0132 which expires
September 30, 2010, renewal pending;
Coal
(6) 1004–0073 which expires June 30,
2013;
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(7) 1004–0025 which expires March
31, 2013;
(8) 1004–0114 which expires August
31, 2013; and
Leasing of Solid Minerals Other Than
Oil Shale
(9) 1004–0121 which expires February
28, 2013.
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 updates 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 43 CFR
46.205 and 46.210(c) and (i). The final
rule does not meet any of the 10 criteria
for exceptions to categorical exclusions
listed at 43 CFR 46.215.
Pursuant to Council on
Environmental Quality regulation (40
CFR 1508.4) 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 on
procedures adopted by a Federal
agency, and therefore require neither an
environmental assessment nor an
environmental impact statement.
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55681
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, 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. 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
Faith Bremner of the Division of
Regulatory Affairs, Bureau of Land
Management.
List of Subjects
43 CFR Part 3000
Public lands—mineral resources,
Reporting and recordkeeping
requirements.
43 CFR Part 3910
Environmental protection,
Exploration licenses, Intergovernmental
relations, Oil shale reserves, Public
lands—mineral resources, Reporting
and recordkeeping requirements.
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Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Rules and Regulations
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.
43 CFR Part 3930
Administrative practice and
procedure, Environmental protection,
Mineral royalties, Oil shale reserves,
Public lands—mineral resources,
Reporting and recordkeeping
requirements, Surety bonds.
Subpart 3000—General
2. Amend § 3000.12 by revising
paragraph (a) and the table following
paragraph (b) to read as follows:
■
Ned Farquhar,
Deputy 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:
■
§ 3000.12 What is the fee schedule for
fixed fees?
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.
*
*
*
*
*
(b) * * *
(a) The table in this section shows the
fixed fees that you must pay to BLM for
the services listed for Fiscal Year 2011.
These fees are nonrefundable and must
be included with documents you file
under this chapter. Fees will be adjusted
FY 2011 PROCESSING AND FILING FEE TABLE
Document/action
FY 2011 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 ..........................................................................................................................................
$375
145
85
10
195
415
375
75
375
25
25
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 .............................................................................................................................................
375
145
85
195
415
75
105
0.11
55
55
Coal (parts 3400, 3470)
License to mine application .............................................................................................................................................................
Exploration license application ........................................................................................................................................................
Lease or lease interest transfer .......................................................................................................................................................
10
310
60
jdjones on DSK8KYBLC1PROD with RULES
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 ...................................................................................................................
35
60
100
30
485
30
30
30
30
30
Multiple Use; Mining (part 3730)
Notice of protest of placer mining operations .................................................................................................................................
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Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Rules and Regulations
55683
FY 2011 PROCESSING AND FILING FEE TABLE—Continued
Document/action
FY 2011 fee
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 ..................................................................................................................................................................................
Protest ..............................................................................................................................................................................................
10
15
10
10
10
100
30
2,840 (more than
10 claims)
1,420 (10 or
fewer claims)
100
60
Oil Shale Management (parts 3900, 3910, 3930)
Exploration license application ........................................................................................................................................................
Application for assignment or sublease of record title or overriding royalty ...................................................................................
295
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 3910—OIL SHALE
EXPLORATION LICENSES
3. The authority citation for part 3910
continues to read as follows:
■
Authority: 25 U.S.C. 396(d) and 2107, 30
U.S.C. 241(a), 42 U.S.C. 15927, 43 U.S.C.
1732(b) and 1740.
Subpart 3910—Exploration Licenses
4. Amend § 3910.31 by revising
paragraph (b)(2) to read as follows:
■
in the fee schedule in § 3000.12 of this
chapter. * * *
■ 7. Amend § 3933.31 by revising
paragraph (b)(3) to read as follows:
§ 3933.31
Record title assignments.
*
*
*
*
*
(b) * * *
(3) The filing fee found in the fee
schedule in § 3000.12 of this chapter.
*
*
*
*
*
[FR Doc. 2010–22885 Filed 9–13–10; 8:45 am]
BILLING CODE 4310–84–P
§ 3910.31 Filing of an application for an
exploration license.
*
*
*
*
(b) * * *
(2) The filing fee for an exploration
license application found in the fee
schedule in § 3000.12 of this chapter;
*
*
*
*
*
DEPARTMENT OF HOMELAND
SECURITY
PART 3930—MANAGEMENT OF OIL
SHALE EXPLORATION AND LEASES
[Docket ID FEMA–2010–0003; Internal
Agency Docket No. FEMA–8149]
*
Federal Emergency Management
Agency
44 CFR Part 64
5. The authority citation for part 3930
continues to read as follows:
■
Authority: 25 U.S.C. 396d and 2107, 30
U.S.C. 241(a), 42 U.S.C. 15927, 43 U.S.C.
1732(b), 1733, and 1740.
6. Amend § 3933.20 by revising the
first sentence of the section to read as
follows:
jdjones on DSK8KYBLC1PROD with RULES
■
Filing fees.
Each application for assignment or
sublease of record title or overriding
royalty must include the filing fee found
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Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
This rule identifies
communities, where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP), that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
SUMMARY:
Subpart 3933—Assignments and
Subleases
§ 3933.20
Suspension of Community Eligibility
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adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date.
DATES: Effective Dates: The effective
date of each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact David Stearrett,
Mitigation Directorate, Federal
Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,
(202) 646–2953.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
flood insurance which is generally not
otherwise available. In return,
communities agree to adopt and
administer local floodplain management
aimed at protecting lives and new
construction from future flooding.
Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance
coverage as authorized under the NFIP,
42 U.S.C. 4001 et seq.; unless an
appropriate public body adopts
adequate floodplain management
measures with effective enforcement
measures. The communities listed in
this document no longer meet that
statutory requirement for compliance
with program regulations, 44 CFR part
59. Accordingly, the communities will
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[Federal Register Volume 75, Number 177 (Tuesday, September 14, 2010)]
[Rules and Regulations]
[Pages 55678-55683]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22885]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 3000, 3910, and 3930
[L13100000 PP0000 LLWO310000; L1990000 PO0000 LLWO320000]
RIN 1004-AE18
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 renewals and mineral patent
adjudications. This rule also moves the oil shale cost recovery fee
amounts from the rule text to the general cost recovery fee table so
that mineral cost recovery fees can be found in one location.
DATES: This final rule is effective October 1, 2010.
FOR FURTHER INFORMATION CONTACT: Steve Salzman, Chief, Division of
Fluid Minerals, (202) 912-7143, or Faith Bremner, Regulatory Affairs
Analyst, (202) 912-7441. 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.
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-AE18.
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
The 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 Quarter of the preceding calendar year. The BLM's
most recent fee update rule became effective on October 1, 2009, 74 FR
49330 (Sept. 28, 2009), based on the IPD-GDP for the 4th Quarter of
2008. This fee update rule is based on the IPD-GDP for the 4th Quarter
of 2009, thus reflecting the rate of inflation over the four calendar
quarters since the 4th Quarter of 2008.
The fee is calculated by applying the IPD-GDP to the base value
from the previous year's rule. This results in an updated base value.
This updated base value is then rounded to the closest multiple of $5,
or to the nearest cent for fees under $1, to establish the new fee.
Under this rule, 44 fees will remain the same, and 4 fees will
increase, as follows:
(A) The Geothermal Program's lands nomination fee will increase
from plus 10 cents per acre to plus 11 cents per acre;
(B) The Solid Minerals (other than Coal and Oil Shale) Program's
lease renewal fee will increase from $480 to $485;
(C) The Mining Law Administration Program's fee for mineral patent
adjudication of more than 10 claims will increase from $2,820 to
$2,840; and
(D) The Mining Law Administration Program's fee for mineral patent
adjudication of 10 or fewer claims will increase from $1,410 to $1,420.
In this rule we also moved the cost recovery fees for the oil shale
program into the Processing and Filing Fee Table at 43 CFR 3000.12. We
added a reference to the f ee table in the relevant sections of the
rule text at 43 CFR sections 3910.31, 3933.20, and 3933.31. This is an
administrative revision for the convenience of the reader and has no
substantive effect.
The calculations that resulted in the new fees are included in the
table below.
[[Page 55679]]
Fixed Cost Recovery Fees FY11
----------------------------------------------------------------------------------------------------------------
Existing fee Existing value IPD-GDP
Document/Action \1\ \2\ increase \3\ New value \4\ New fee \5\
----------------------------------------------------------------------------------------------------------------
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150)
----------------------------------------------------------------------------------------------------------------
Noncompetitive lease application $ 375 $ 374.68 $ 2.55 $ 377.23 $ 375
Competitive lease application... 145 145.40 0.99 146.39 145
Assignment and transfer of 85 83.88 0.57 84.45 85
record title or operating
rights.........................
Overriding royalty transfer, 10 11.18 0.08 11.26 10
payment out of production......
Name change, corporate merger or 195 195.72 1.33 197.05 195
transfer to heir/devisee.......
Lease consolidation............. 415 413.82 2.81 416.63 415
Lease renewal or exchange....... 375 374.68 2.55 377.23 375
Lease reinstatement, Class I.... 75 72.69 0.49 73.18 75
Leasing under right-of-way...... 375 374.68 2.55 377.23 375
Geophysical exploration permit 25 .............. .............. .............. 25 6
application--Alaska............
Renewal of exploration permit-- 25 .............. .............. .............. 25 7
Alaska.........................
----------------------------------------------------------------------------------------------------------------
Geothermal (part 3200)
----------------------------------------------------------------------------------------------------------------
Noncompetitive lease 375 374.68 2.55 377.23 375
application....................
Competitive lease application... 145 145.40 0.99 146.39 145
Assignment and transfer of 85 83.88 0.57 84.45 85
record title or operating
rights.........................
Name change, corporate merger or 195 195.72 1.33 197.05 195
transfer to heir/devisee.......
Lease consolidation............. 415 413.82 2.81 416.63 415
Lease reinstatement............. 75 72.69 0.49 73.18 75
Nomination of lands............. 105 104.69 0.71 105.40 105
plus per acre nomination fee 0.10 0.10469 0.00071 0.10540 0.11
Site license application........ 55 55.92 0.38 56.30 55
Assignment or transfer of site 55 55.92 0.38 56.30 55
license........................
----------------------------------------------------------------------------------------------------------------
Coal (parts 3400, 3470)
----------------------------------------------------------------------------------------------------------------
License to mine application..... 10 11.18 0.08 11.26 10
Exploration license application. 310 307.57 2.09 309.66 310
Lease or lease interest transfer 60 61.52 0.42 61.94 60
----------------------------------------------------------------------------------------------------------------
Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500, 3580)
----------------------------------------------------------------------------------------------------------------
Applications other than those 35 33.55 0.23 33.78 35
listed below...................
Prospecting permit application 60 61.52 0.42 61.94 60
amendment......................
Extension of prospecting permit. 100 100.66 0.68 101.34 100
Lease modification or fringe 30 27.97 0.19 28.16 30
acreage lease..................
Lease renewal................... 480 480.93 3.27 484.20 485
Assignment, sublease, or 30 27.97 0.19 28.16 30
transfer of operating rights...
Transfer of overriding royalty.. 30 27.97 0.19 28.16 30
Use permit...................... 30 27.97 0.19 28.16 30
Shasta and Trinity hardrock 30 27.97 0.19 28.16 30
mineral lease..................
Renewal of existing sand and 30 27.97 0.19 28.16 30
gravel lease in Nevada.........
----------------------------------------------------------------------------------------------------------------
Multiple Use; Mining (part 3700)
----------------------------------------------------------------------------------------------------------------
Notice of protest of placer 10 11.18 0.08 11.26 10
mining operations..............
----------------------------------------------------------------------------------------------------------------
Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 3870)
----------------------------------------------------------------------------------------------------------------
Application to open lands to 10 11.18 0.08 11.26 10
location.......................
Notice of location.............. 15 16.77 0.11 16.88 15
Amendment of location........... 10 11.18 0.08 11.26 10
Transfer of mining claim/site... 10 11.18 0.08 11.26 10
Recording an annual FLPMA filing 10 11.18 0.08 11.26 10
Deferment of assessment work.... 100 100.66 0.68 101.34 100
Recording a notice of intent to 30 27.97 0.19 28.16 30
locate mining claims on
Stockraising Homestead Act
lands..........................
Mineral patent adjudication:
(more than 10 claims)....... 2,820 2,818.47 19.17 2,837.64 2,840
(10 or fewer claims)....... 1,410 1,409.23 9.58 1,418.81 1,420
Adverse claim................... 100 100.66 0.68 101.34 100
Protest......................... 60 61.52 0.42 61.94 60
----------------------------------------------------------------------------------------------------------------
Oil Shale Management (parts 3900, 3910, 3930)
----------------------------------------------------------------------------------------------------------------
Exploration license application. 295 295 2.01 297.01 295
[[Page 55680]]
Application for assignment or 60 60 0.41 60.41 60
sublease of record title or
overriding royalty.............
----------------------------------------------------------------------------------------------------------------
Source for Implicit Price Deflator for Gross Domestic Product data: U.S. Department of Commerce, Bureau of
Economic Analysis.
\1\ The Existing Fee was established by the 2009 (Fiscal Year 2010) cost recovery fee update rule published
September 28, 2009 (74 FR 49330), effective October 1, 2009.
\2\ The Existing Value is the figure from the New Value column in the previous year's rule. In the case of fees
that were not in the table the previous year, or that had no figure in the New Value column the previous year,
the Existing Value is the same as the Existing Fee.
\3\ From 4th Quarter 2008 to 4th Quarter 2009, the IPD-GDP increased by 0.68 percent. The value in the IPD-GDP
Increase column is 0.68 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 2011 is the New Value rounded to the nearest $5 for values equal to or greater than $1, or
to the nearest penny for values under $1.
\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.
III. How Fees Are Adjusted
Each year, the figures in the Existing Value column in the table
above, not those in the Existing Fee column, are used as the basis for
calculating the adjustment to these fees. The Existing Value is the
figure from the New Value column in the previous year's rule. In the
case of fees that were not in the table the previous year, or that had
no figure in the New Value column the previous year, the Existing Value
is the same as the Existing Fee. Because in setting the fees, values
are rounded to the nearest $5, or the nearest penny for fees under $1,
adjustments based on the figures in the Existing Fee column would lead
to significantly over-or-under-valued fees over time. Fee adjustments
are made by multiplying the annual change in the IPD-GDP by the figure
in the Existing Value column. This calculation defines a new value for
this year, which is then rounded to the nearest $5, or the nearest
penny for fees under $1, to establish the new 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.
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 final rule, which did not
approach the threshold in Executive Order 12866. For instructions on
how to view a copy of the analysis prepared in conjunction with the
2005 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 a handful of existing user fees for
processing documents associated with the onshore minerals programs.
However, most of these fee increases are less than 1 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 not affect a large number of small entities
since only four fees for activities on public lands will be increased.
We have concluded that the effects will not be significant. Only 4 out
of 48 fees will be adjusted upward, and most of the fixed fee increases
will be less than 1 percent as a result of this final rule. 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 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.
[[Page 55681]]
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.), the BLM 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 September 30, 2010, renewal pending;
(3) 1004-0162 which expires May 31, 2012;
(4) 1004-0185 which expires November 30, 2012;
Geothermal
(5) 1004-0132 which expires September 30, 2010, renewal pending;
Coal
(6) 1004-0073 which expires June 30, 2013;
Mining Claims
(7) 1004-0025 which expires March 31, 2013;
(8) 1004-0114 which expires August 31, 2013; and
Leasing of Solid Minerals Other Than Oil Shale
(9) 1004-0121 which expires February 28, 2013.
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 updates 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
43 CFR 46.205 and 46.210(c) and (i). The final rule does not meet any
of the 10 criteria for exceptions to categorical exclusions listed at
43 CFR 46.215.
Pursuant to Council on Environmental Quality regulation (40 CFR
1508.4) 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 on 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, 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. 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 Faith Bremner of the Division
of Regulatory Affairs, Bureau of Land Management.
List of Subjects
43 CFR Part 3000
Public lands--mineral resources, Reporting and recordkeeping
requirements.
43 CFR Part 3910
Environmental protection, Exploration licenses, Intergovernmental
relations, Oil shale reserves, Public lands--mineral resources,
Reporting and recordkeeping requirements.
[[Page 55682]]
43 CFR Part 3930
Administrative practice and procedure, Environmental protection,
Mineral royalties, Oil shale reserves, Public lands--mineral resources,
Reporting and recordkeeping requirements, Surety bonds.
Ned Farquhar,
Deputy 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
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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 2011. 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.
* * * * *
(b) * * *
FY 2011 Processing and Filing Fee Table
------------------------------------------------------------------------
Document/action FY 2011 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 production 10
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...................... 0.11
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......................................... 485
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
------------------------------------------------------------------------
[[Page 55683]]
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........................... 2,840 (more than
10 claims)
1,420 (10 or
fewer claims)
Adverse claim......................................... 100
Protest............................................... 60
------------------------------------------------------------------------
Oil Shale Management (parts 3900, 3910, 3930)
------------------------------------------------------------------------
Exploration license application....................... 295
Application for assignment or sublease of record title 60
or overriding royalty................................
------------------------------------------------------------------------
* 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 3910--OIL SHALE EXPLORATION LICENSES
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3. The authority citation for part 3910 continues to read as follows:
Authority: 25 U.S.C. 396(d) and 2107, 30 U.S.C. 241(a), 42
U.S.C. 15927, 43 U.S.C. 1732(b) and 1740.
Subpart 3910--Exploration Licenses
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4. Amend Sec. 3910.31 by revising paragraph (b)(2) to read as follows:
Sec. 3910.31 Filing of an application for an exploration license.
* * * * *
(b) * * *
(2) The filing fee for an exploration license application found in
the fee schedule in Sec. 3000.12 of this chapter;
* * * * *
PART 3930--MANAGEMENT OF OIL SHALE EXPLORATION AND LEASES
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5. The authority citation for part 3930 continues to read as follows:
Authority: 25 U.S.C. 396d and 2107, 30 U.S.C. 241(a), 42 U.S.C.
15927, 43 U.S.C. 1732(b), 1733, and 1740.
Subpart 3933--Assignments and Subleases
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6. Amend Sec. 3933.20 by revising the first sentence of the section to
read as follows:
Sec. 3933.20 Filing fees.
Each application for assignment or sublease of record title or
overriding royalty must include the filing fee found in the fee
schedule in Sec. 3000.12 of this chapter. * * *
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7. Amend Sec. 3933.31 by revising paragraph (b)(3) to read as follows:
Sec. 3933.31 Record title assignments.
* * * * *
(b) * * *
(3) The filing fee found in the fee schedule in Sec. 3000.12 of
this chapter.
* * * * *
[FR Doc. 2010-22885 Filed 9-13-10; 8:45 am]
BILLING CODE 4310-84-P
