Minerals Management: Adjustment of Cost Recovery Fees, 49945-49950 [2013-20037]
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Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Rules and Regulations
TABLE 1—GENERAL SUPERFUND SECTION
State
MI .....
Site name
Notes (a)
City/County
*
*
*
*
*
*
*
Torch Lake ................................................................................ Houghton .................................................................................. P
*
*
*
*
*
*
*
(a) *
* *
* P = Sites with partial deletion(s).
800–877–8339, 24 hours a day, 7 days
a week.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2013–19759 Filed 8–15–13; 8:45 am]
BILLING CODE 6560–50–P
I. Background
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3000
[L13100000 PP0000 LLWO310000; L1990000
PO0000 LLWO320000]
RIN 1004–AE32
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 minerals programs and some filing
fees for mineral-related documents.
These updated fees include those for
actions such as lease renewals and
mineral patent adjudications.
DATES: This final rule is effective
October 1, 2013.
ADDRESSES: You may send inquiries or
suggestions to Director (630), Bureau of
Land Management, 2134LM, 1849 C
Street NW., Washington, DC 20240;
Attention: RIN 1004–AE32.
FOR FURTHER INFORMATION CONTACT:
Steven Wells, Chief, Division of Fluid
Minerals, 202–912–7143, Mitchell
Leverette, Chief, Division of Solid
Minerals, 202–912–7113; 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–
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
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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.
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 fee recalculations
are based on a mathematical formula.
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. Therefore, the BLM
has changed the fees in this final rule
without providing opportunity for
additional notice and comment. 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.
II. Discussion of Final Rule
The BLM publishes a fee update rule
each year, which becomes effective on
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October 1 of that year. The fee updates
are based on the change in the IPD–GDP
from the 4th Quarter of one calendar
year to the 4th Quarter of the following
calendar year. This fee update rule is
based on the change in the IPD–GDP
from the 4th Quarter of 2011 to the 4th
Quarter of 2012, thus reflecting the rate
of inflation over four calendar quarters.
The fee is calculated by applying the
IPD–GDP to the base value from the
previous year’s rule, also known as the
‘‘existing value.’’ This calculation
results in an updated base value. The
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, 30 fees will remain
the same and 18 fees will increase. Nine
of the fee increases will amount to $5
each. The largest increase, $55, will be
applied to the fee for adjudicating a
mineral patent application containing
more than 10 claims, which will
increase from $2,940 to $2,995. The fee
for adjudicating a patent application
containing 10 or fewer claims will
increase by $25—from $1,470 to $1,495.
In this rule, we will correct the title
given in the table for 43 CFR part 3730.
The title used in prior rules, ‘‘Multiple
Use, Mining,’’ is actually the title for
Group 3700, the group of regulations
that includes part 3730. The specific
title for part 3730, in which the fee for
a notice of protest of placer mining
operations is found at 43 CFR 3736.2(b),
is ‘‘Public Law 359; Mining in Powersite
Withdrawals: General.’’ This is a
technical revision that has no
substantive effect.
The calculations that resulted in the
new fees are included in the table
below:
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Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Rules and Regulations
FIXED COST RECOVERY FEES FY14
Existing fee 1
Document/Action
Existing value 2
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 ...........................
$ 390
150
$ 390.65
151.60
$ 7.19
2.79
$ 397.84
154.39
$ 400
155
85
10
87.46
11.66
1.61
0.21
89.07
11.87
90
10
205
430
390
75
390
25
25
204.06
431.46
390.65
75.79
390.65
..........................
..........................
3.75
7.94
7.19
1.39
7.19
........................
........................
207.81
439.40
397.84
77.18
397.84
..........................
..........................
210
440
400
75
400
6 25
7 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 .............................
390
150
390.65
151.60
7.19
2.79
397.84
154.39
400
155
85
87.46
1.61
89.07
90
205
430
75
110
0.11
60
60
204.06
431.46
75.79
109.15
0.10915
58.30
58.30
3.75
7.94
1.39
2.01
0.00201
1.07
1.07
207.81
439.40
77.18
111.16
0.11116
59.37
59.37
210
440
75
110
0.11
60
60
11.87
326.58
65.33
10
325
65
35.63
65.33
106.88
29.70
510.67
29.70
29.70
29.70
29.70
29.70
35
65
105
30
510
30
30
30
30
30
11.87
10
Coal (parts 3400, 3470)
License to mine application .............................................
Exploration license application ........................................
Lease or lease interest transfer .......................................
10
320
65
11.66
320.68
64.15
0.21
5.90
1.18
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
65
105
30
500
30
30
30
30
30
34.99
64.15
104.95
29.16
501.44
29.16
29.16
29.16
29.16
29.16
0.64
1.18
1.93
0.54
9.23
0.54
0.54
0.54
0.54
0.54
Public Law 359; Mining in Powersite Withdrawals: General (part 3730)
Notice of protest of placer mining operations ..................
10
11.66
0.21
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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 ..............................................................................
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10
15
10
10
10
105
11.66
17.48
11.66
11.66
11.66
104.95
0.21
0.32
0.21
0.21
0.21
1.93
11.87
17.80
11.87
11.87
11.87
106.88
10
20
10
10
10
105
30
29.16
0.54
29.70
30
2,940
1,470
105
65
2,938.65
1,469.31
104.95
64.15
54.07
27.04
1.93
1.18
2,992.72
1,496.35
106.88
65.33
2,995
1,495
105
65
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49947
FIXED COST RECOVERY FEES FY14—Continued
Existing fee 1
Document/Action
Existing value 2
IPD–GDP
Increase 3
New value 4
New fee 5
Oil Shale Management (parts 3900, 3910, 3930)
Exploration license application ........................................
Application for assignment or sublease of record title or
overriding royalty ..........................................................
310
307.58
5.66
313.24
315
65
62.56
1.15
63.71
65
1 The Existing Fee was established by the 2012 (Fiscal Year 2013) cost recovery fee update rule published September 10, 2012 (77 FR
55420), effective October 1, 2012.
2 The Existing Value is the figure from the New Value column in the previous year’s rule.
3 From 4th Quarter 2011 to 4th Quarter 2012, the IPD–GDP increased by 1.84 percent. The value in the IPD–GDP Increase column is 1.84
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 Fiscal Year 2014 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, the BLM interprets the Energy Policy Act provision as prohibiting it from increasing this $25 fee.
7 The BLM interprets the Energy Policy Act prohibition discussed in footnote 6, above, as prohibiting it 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 (April 26,
2013).
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 the new fees
are derived from the new values—
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.
Accordingly, fee adjustments are made
by multiplying the annual change in the
IPD–GDP by the figure in the Existing
Value column. This calculation defines
the 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
tkelley on DSK3SPTVN1PROD with RULES
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
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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 applies 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 affect
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
adopted by and explained in the 2005
cost recovery rule.
The Regulatory Flexibility Act
This final rule will not have a
significant economic effect on a
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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 may affect a large
number of small entities since 18 fees
for activities on public lands will be
increased. However, the BLM has
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 30 documents
relating to the BLM’s minerals
programs. The highest adjustment, in
dollar terms, is for adjudications of
mineral patent applications involving
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more than 10 mining claims, which will
be increased by $55. 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.
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.
tkelley on DSK3SPTVN1PROD with RULES
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,
2015;
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(2) 1004–0137 which expires October
31, 2014;
(3) 1004–0162 which expires July 31,
2015;
(4) 1004–0185 which expires
December 31, 2015;
Geothermal
(5) 1004–0132 which expires
December 31, 2013;
Coal
(6) 1004–0073 which expires August
31, 2013, renewal pending;
Mining Claims
(7) 1004–0025 which expires March
31, 2016;
(8) 1004–0114 which expires August
31, 2013; and
Leasing of Solid Minerals Other Than
Oil Shale
(9) 1004–0121 which expires March
31, 2016.
Takings Implication Assessment
(Executive Order 12630)
As required by Executive Order
12630, the BLM 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 fees. The BLM therefore
certifies that this final rule does not
represent a governmental action capable
of interference with constitutionally
protected property rights.
Civil Justice Reform (Executive Order
12988)
In accordance with Executive Order
12988, the BLM finds that this final rule
will not unduly burden the judicial
system and meets the requirements of
sections 3(a) and 3(b)(2) of the Executive
Order.
The National Environmental Policy Act
(NEPA)
The BLM has determined that this
final rule 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 12 criteria
for exceptions to categorical exclusions
listed at 43 CFR 46.215.
Pursuant to Council on
Environmental Quality (CEQ)
regulations and the environmental
policies and procedures of the
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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
found to have no such effect in
procedures adopted by a Federal agency
in implementation of [CEQ] regulations
(§ 1507.3) and for which, therefore,
neither an environmental assessment
nor an environmental impact statement
is required.’’ 40 CFR 1508.4; see also
BLM National Environmental Policy Act
Handbook H–1790–1, Ch. 4, at 17 (Jan.
2008).
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.
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Author
The principal author of this rule is
Faith Bremner of the Division of
Regulatory Affairs, Bureau of Land
Management.
§ 3000.12 What is the fee schedule for
fixed fees?
PART 3000—MINERALS
MANAGEMENT: GENERAL
1. The authority citation for part 3000
continues to read as follows:
■
List of Subjects in 43 CFR Part 3000
Public lands—mineral resources,
Reporting and recordkeeping
requirements.
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.
Tommy P. Beaudreau,
Acting Assistant Secretary, Land and
Minerals Management.
Subpart 3000—General
For reasons stated in the preamble,
the Bureau of Land Management
amends 43 CFR Chapter II as follows:
2. Amend § 3000.12 by revising
paragraph (a) to read as follows:
■
(a) The table in this section shows the
fixed fees that you must pay to the BLM
for the services listed for Fiscal Year
2014. 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 2014 PROCESSING AND FILING FEE TABLE
Document/action
FY 2014 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 ......................................................................................................................
$400
155
90
10
210
440
400
75
400
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 ........................................................................................................................
400
155
90
210
440
75
110
0.11
60
60
Coal (parts 3400, 3470)
License to mine application ........................................................................................................................................
Exploration license application ....................................................................................................................................
Lease or lease interest transfer ..................................................................................................................................
10
325
65
Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500, 3580)
tkelley on DSK3SPTVN1PROD with RULES
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
65
105
30
510
30
30
30
30
30
Public Law 359; Mining in Powersite Withdrawals: General (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 ..........................................................................................................................
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Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Rules and Regulations
FY 2014 PROCESSING AND FILING FEE TABLE—Continued
Document/action
FY 2014 fee
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 .........................................................................................................................................................................
20
10
10
10
105
30
2,995 (more than 10 claims)
1,495 (10 or fewer claims)
105
65
Oil Shale Management (parts 3900, 3910, 3930)
Exploration license application ....................................................................................................................................
Application for assignment or sublease of record title or overriding royalty ..............................................................
315
65
* 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.
*
*
*
*
Chief, Recovery Directorate, Federal
Emergency Management Agency, 500 C
Street SW., Washington, DC, 20472–
3100, Phone: (202) 212–2340 or Email:
william.roche@fema.dhs.gov.
SUPPLEMENTARY INFORMATION:
*
[FR Doc. 2013–20037 Filed 8–15–13; 8:45 am]
BILLING CODE 4310–84–P
DEPARTMENT OF HOMELAND
SECURITY
Table of Abbreviations
Federal Emergency Management
Agency
44 CFR Part 206
[Docket ID: FEMA–2013–0015]
RIN 1660–AA79
Dispute Resolution Pilot Program for
Public Assistance Appeals
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
Section 1105 of the Sandy
Recovery Improvement Act of 2013
directs FEMA to establish a nationwide
Dispute Resolution Pilot Program
(DRPP) in order to facilitate an efficient
recovery from major disasters, including
arbitration by an independent review
panel, to resolve disputes relating to
Public Assistance projects. This final
rule establishes an option for arbitration
under the Public Assistance Program
administered by the Federal Emergency
Management Agency (FEMA). The
option allows applicants to file for
arbitration, instead of a second appeal
under FEMA’s current Public Assistance
Program. The requests for review under
the DRPP must be submitted by
December 31, 2015. This final rule
provides the procedures and the
standard of review that FEMA will
apply under the arbitration option.
DATES: Effective Date: August 16, 2013.
FOR FURTHER INFORMATION CONTACT:
William Roche, Infrastructure Branch
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
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APA—Administrative Procedure Act
ARRA—American Recovery and
Reinvestment Act of 2009
CFR—Code of Federal Regulations
DRPP—Dispute Resolution Pilot Program
EA—Environmental Assessment
EIS—Environmental Impact Statement
FEMA—Federal Emergency Management
Agency
NEPA—National Environmental Policy Act
of 1969
OMB—Office of Management and Budget
PRA—Paperwork Reduction Act of 1995
RFA—Regulatory Flexibility Act
SRIA—Sandy Recovery Improvement Act of
2013
Stafford Act—Robert T. Stafford Disaster
Relief and Emergency Assistance Act, as
amended
Table of Contents
I. Executive Summary
A. Purpose of the Regulatory Action
1. Need for the Regulatory Action
2. Legal Authority for the Regulatory
Action
B. Summary of the Major Provisions of the
Regulatory Action
C. Summary of Costs and Benefits
II. Background
A. Sandy Recovery Improvement Act of
2013
B. Public Assistance Process for Project
Approval
C. Public Assistance Appeal Process under
44 CFR 206.206
III. Discussion of the Rule
A. Scope
B. Definitions
C. Applicability
D. Governing Rules
E. Limitations
F. Request for Arbitration
PO 00000
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G. Administrative Record
H. Submissions Related to Arbitration
I. Selection of Panel
J. Challenge of Arbitrator(s)
K. Preliminary Administrative Conference
L. Jurisdictional and Arbitrability
Challenges
M. Hearing
N. Standard of Review
O. Ex Parte Communications
P. Decision
Q. Costs
R. Frivolous Requests
S. Deadline
IV. Regulatory Analyses
A. Administrative Procedure Act
B. Executive Order 12866, Regulatory
Planning and Review and Executive
Order 13563, Improving Regulation and
Regulatory Review
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Paperwork Reduction Act (PRA) of 1995
F. National Environmental Policy Act
(NEPA) of 1969
G. Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
H. Executive Order 13132, Federalism
I. Executive Order 12630, Taking of Private
Property
J. Executive Order 12898, Environmental
Justice
K. Executive Order 12988, Civil Justice
Reform
L. Executive Order 13045, Protection of
Children From Environmental Health
Risks and Safety Risks
M. Congressional Review Act
I. Executive Summary
A. Purpose of the Regulatory Action
This section provides a concise
description of the major provisions in
this final rule. The Federal Emergency
Management Agency (FEMA) also
provides a summary of the costs and
benefits of this final rule in this section.
E:\FR\FM\16AUR1.SGM
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[Federal Register Volume 78, Number 159 (Friday, August 16, 2013)]
[Rules and Regulations]
[Pages 49945-49950]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20037]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3000
[L13100000 PP0000 LLWO310000; L1990000 PO0000 LLWO320000]
RIN 1004-AE32
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 minerals programs
and some filing fees for mineral-related documents. These updated fees
include those for actions such as lease renewals and mineral patent
adjudications.
DATES: This final rule is effective October 1, 2013.
ADDRESSES: You may send inquiries or suggestions to Director (630),
Bureau of Land Management, 2134LM, 1849 C Street NW., Washington, DC
20240; Attention: RIN 1004-AE32.
FOR FURTHER INFORMATION CONTACT: Steven Wells, Chief, Division of Fluid
Minerals, 202-912-7143, Mitchell Leverette, Chief, Division of Solid
Minerals, 202-912-7113; 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.
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. 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 fee recalculations are based on a mathematical
formula. 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. Therefore, the BLM has changed the fees in this final rule
without providing opportunity for additional notice and comment. 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.
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
change in the IPD-GDP from the 4th Quarter of one calendar year to the
4th Quarter of the following calendar year. This fee update rule is
based on the change in the IPD-GDP from the 4th Quarter of 2011 to the
4th Quarter of 2012, thus reflecting the rate of inflation over four
calendar quarters.
The fee is calculated by applying the IPD-GDP to the base value
from the previous year's rule, also known as the ``existing value.''
This calculation results in an updated base value. The 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, 30 fees will remain the same and 18 fees will
increase. Nine of the fee increases will amount to $5 each. The largest
increase, $55, will be applied to the fee for adjudicating a mineral
patent application containing more than 10 claims, which will increase
from $2,940 to $2,995. The fee for adjudicating a patent application
containing 10 or fewer claims will increase by $25--from $1,470 to
$1,495.
In this rule, we will correct the title given in the table for 43
CFR part 3730. The title used in prior rules, ``Multiple Use, Mining,''
is actually the title for Group 3700, the group of regulations that
includes part 3730. The specific title for part 3730, in which the fee
for a notice of protest of placer mining operations is found at 43 CFR
3736.2(b), is ``Public Law 359; Mining in Powersite Withdrawals:
General.'' This is a technical revision that has no substantive effect.
The calculations that resulted in the new fees are included in the
table below:
[[Page 49946]]
Fixed Cost Recovery Fees FY14
----------------------------------------------------------------------------------------------------------------
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 $ 390 $ 390.65 $ 7.19 $ 397.84 $ 400
Competitive lease application... 150 151.60 2.79 154.39 155
Assignment and transfer of 85 87.46 1.61 89.07 90
record title or operating
rights.........................
Overriding royalty transfer, 10 11.66 0.21 11.87 10
payment out of production......
Name change, corporate merger or 205 204.06 3.75 207.81 210
transfer to heir/devisee.......
Lease consolidation............. 430 431.46 7.94 439.40 440
Lease renewal or exchange....... 390 390.65 7.19 397.84 400
Lease reinstatement, Class I.... 75 75.79 1.39 77.18 75
Leasing under right-of-way...... 390 390.65 7.19 397.84 400
Geophysical exploration permit 25 .............. .............. .............. \6\ 25
application--Alaska............
Renewal of exploration permit-- 25 .............. .............. .............. \7\ 25
Alaska.........................
----------------------------------------------------------------------------------------------------------------
Geothermal (part 3200)
----------------------------------------------------------------------------------------------------------------
Noncompetitive lease application 390 390.65 7.19 397.84 400
Competitive lease application... 150 151.60 2.79 154.39 155
Assignment and transfer of 85 87.46 1.61 89.07 90
record title or operating
rights.........................
Name change, corporate merger or 205 204.06 3.75 207.81 210
transfer to heir/devisee.......
Lease consolidation............. 430 431.46 7.94 439.40 440
Lease reinstatement............. 75 75.79 1.39 77.18 75
Nomination of lands:............ 110 109.15 2.01 111.16 110
plus per acre nomination fee 0.11 0.10915 0.00201 0.11116 0.11
Site license application........ 60 58.30 1.07 59.37 60
Assignment or transfer of site 60 58.30 1.07 59.37 60
license........................
----------------------------------------------------------------------------------------------------------------
Coal (parts 3400, 3470)
----------------------------------------------------------------------------------------------------------------
License to mine application..... 10 11.66 0.21 11.87 10
Exploration license application. 320 320.68 5.90 326.58 325
Lease or lease interest transfer 65 64.15 1.18 65.33 65
----------------------------------------------------------------------------------------------------------------
Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500, 3580)
----------------------------------------------------------------------------------------------------------------
Applications other than those 35 34.99 0.64 35.63 35
listed below...................
Prospecting permit application 65 64.15 1.18 65.33 65
amendment......................
Extension of prospecting permit. 105 104.95 1.93 106.88 105
Lease modification or fringe 30 29.16 0.54 29.70 30
acreage lease..................
Lease renewal................... 500 501.44 9.23 510.67 510
Assignment, sublease, or 30 29.16 0.54 29.70 30
transfer of operating rights...
Transfer of overriding royalty.. 30 29.16 0.54 29.70 30
Use permit...................... 30 29.16 0.54 29.70 30
Shasta and Trinity hardrock 30 29.16 0.54 29.70 30
mineral lease..................
Renewal of existing sand and 30 29.16 0.54 29.70 30
gravel lease in Nevada.........
----------------------------------------------------------------------------------------------------------------
Public Law 359; Mining in Powersite Withdrawals: General (part 3730)
----------------------------------------------------------------------------------------------------------------
Notice of protest of placer 10 11.66 0.21 11.87 10
mining operations..............
----------------------------------------------------------------------------------------------------------------
Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 3870)
----------------------------------------------------------------------------------------------------------------
Application to open lands to 10 11.66 0.21 11.87 10
location.......................
Notice of location.............. 15 17.48 0.32 17.80 20
Amendment of location........... 10 11.66 0.21 11.87 10
Transfer of mining claim/site... 10 11.66 0.21 11.87 10
Recording an annual FLPMA filing 10 11.66 0.21 11.87 10
Deferment of assessment work.... 105 104.95 1.93 106.88 105
Recording a notice of intent to 30 29.16 0.54 29.70 30
locate mining claims on
Stockraising Homestead Act
lands..........................
Mineral patent adjudication:
(more than 10 claims)....... 2,940 2,938.65 54.07 2,992.72 2,995
(10 or fewer claims)........ 1,470 1,469.31 27.04 1,496.35 1,495
Adverse claim................... 105 104.95 1.93 106.88 105
Protest......................... 65 64.15 1.18 65.33 65
----------------------------------------------------------------------------------------------------------------
[[Page 49947]]
Oil Shale Management (parts 3900, 3910, 3930)
----------------------------------------------------------------------------------------------------------------
Exploration license application. 310 307.58 5.66 313.24 315
Application for assignment or 65 62.56 1.15 63.71 65
sublease of record title or
overriding royalty.............
----------------------------------------------------------------------------------------------------------------
\1\ The Existing Fee was established by the 2012 (Fiscal Year 2013) cost recovery fee update rule published
September 10, 2012 (77 FR 55420), effective October 1, 2012.
\2\ The Existing Value is the figure from the New Value column in the previous year's rule.
\3\ From 4th Quarter 2011 to 4th Quarter 2012, the IPD-GDP increased by 1.84 percent. The value in the IPD-GDP
Increase column is 1.84 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 Fiscal Year 2014 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, the BLM interprets the Energy Policy Act provision as prohibiting it from increasing this $25
fee.
\7\ The BLM interprets the Energy Policy Act prohibition discussed in footnote 6, above, as prohibiting it 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 (April 26, 2013).
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 the new fees are derived from
the new values--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.
Accordingly, fee adjustments are made by multiplying the annual change
in the IPD-GDP by the figure in the Existing Value column. This
calculation defines the 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 applies 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 affect 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 adopted by and explained in the 2005 cost recovery
rule.
The Regulatory Flexibility Act
This final rule will not have a significant economic effect on a
substantial number of small entities as defined under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). 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 may affect a large number of small entities since 18
fees for activities on public lands will be increased. However, the BLM
has 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 30 documents relating to the BLM's minerals programs. The
highest adjustment, in dollar terms, is for adjudications of mineral
patent applications involving
[[Page 49948]]
more than 10 mining claims, which will be increased by $55. 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.
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, 2015;
(2) 1004-0137 which expires October 31, 2014;
(3) 1004-0162 which expires July 31, 2015;
(4) 1004-0185 which expires December 31, 2015;
Geothermal
(5) 1004-0132 which expires December 31, 2013;
Coal
(6) 1004-0073 which expires August 31, 2013, renewal pending;
Mining Claims
(7) 1004-0025 which expires March 31, 2016;
(8) 1004-0114 which expires August 31, 2013; and
Leasing of Solid Minerals Other Than Oil Shale
(9) 1004-0121 which expires March 31, 2016.
Takings Implication Assessment (Executive Order 12630)
As required by Executive Order 12630, the BLM 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 fees.
The BLM therefore certifies that this final rule does not represent a
governmental action capable of interference with constitutionally
protected property rights.
Civil Justice Reform (Executive Order 12988)
In accordance with Executive Order 12988, the BLM finds that this
final rule will not unduly burden the judicial system and meets the
requirements of sections 3(a) and 3(b)(2) of the Executive Order.
The National Environmental Policy Act (NEPA)
The BLM has determined that this final rule 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 12 criteria for exceptions to categorical exclusions listed at
43 CFR 46.215.
Pursuant to Council on Environmental Quality (CEQ) regulations 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 found to have no
such effect in procedures adopted by a Federal agency in implementation
of [CEQ] regulations (Sec. 1507.3) and for which, therefore, neither
an environmental assessment nor an environmental impact statement is
required.'' 40 CFR 1508.4; see also BLM National Environmental Policy
Act Handbook H-1790-1, Ch. 4, at 17 (Jan. 2008).
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.
[[Page 49949]]
Author
The principal author of this rule is Faith Bremner of the Division
of Regulatory Affairs, Bureau of Land Management.
List of Subjects in 43 CFR Part 3000
Public lands--mineral resources, Reporting and recordkeeping
requirements.
Tommy P. Beaudreau,
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
0
1. The authority citation for part 3000 continues to read as follows:
Authority: 16 U.S.C. 3101 et seq.; 30 U.S.C. 181 et seq., 301-
306, 351-359, and 601 et seq.; 31 U.S.C. 9701; 40 U.S.C. 471 et
seq.; 42 U.S.C. 6508; 43 U.S.C. 1701 et seq.; and Pub. L. 97-35, 95
Stat. 357.
Subpart 3000--General
0
2. Amend Sec. 3000.12 by revising paragraph (a) to read as follows:
Sec. 3000.12 What is the fee schedule for fixed fees?
(a) The table in this section shows the fixed fees that you must
pay to the BLM for the services listed for Fiscal Year 2014. 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 2014 Processing and Filing Fee Table
------------------------------------------------------------------------
Document/action FY 2014 fee
------------------------------------------------------------------------
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150)
------------------------------------------------------------------------
Noncompetitive lease $400
application.
Competitive lease application.. 155
Assignment and transfer of 90
record title or operating
rights.
Overriding royalty transfer, 10
payment out of production.
Name change, corporate merger 210
or transfer to heir/devisee.
Lease consolidation............ 440
Lease renewal or exchange...... 400
Lease reinstatement, Class I... 75
Leasing under right-of-way..... 400
Geophysical exploration permit 25
application--Alaska.
Renewal of exploration permit-- 25
Alaska.
------------------------------------------------------------------------
Geothermal (part 3200)
------------------------------------------------------------------------
Noncompetitive lease 400
application.
Competitive lease application.. 155
Assignment and transfer of 90
record title or operating
rights.
Name change, corporate merger 210
or transfer to heir/devisee.
Lease consolidation............ 440
Lease reinstatement............ 75
Nomination of lands............ 110
plus per acre nomination 0.11
fee.
Site license application....... 60
Assignment or transfer of site 60
license.
------------------------------------------------------------------------
Coal (parts 3400, 3470)
------------------------------------------------------------------------
License to mine application.... 10
Exploration license application 325
Lease or lease interest 65
transfer.
------------------------------------------------------------------------
Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500,
3580)
------------------------------------------------------------------------
Applications other than those 35
listed below.
Prospecting permit application 65
amendment.
Extension of prospecting permit 105
Lease modification or fringe 30
acreage lease.
Lease renewal.................. 510
Assignment, sublease, or 30
transfer of operating rights.
Transfer of overriding royalty. 30
Use permit..................... 30
Shasta and Trinity hardrock 30
mineral lease.
Renewal of existing sand and 30
gravel lease in Nevada.
------------------------------------------------------------------------
Public Law 359; Mining in Powersite Withdrawals: General (part 3730)
------------------------------------------------------------------------
Notice of protest of placer 10
mining operations.
------------------------------------------------------------------------
Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 3870)
------------------------------------------------------------------------
Application to open lands to 10
location.
[[Page 49950]]
Notice of location\*\.......... 20
Amendment of location.......... 10
Transfer of mining claim/site.. 10
Recording an annual FLPMA 10
filing.
Deferment of assessment work... 105
Recording a notice of intent to 30
locate mining claims on
Stockraising Homestead Act
lands.
Mineral patent adjudication.... 2,995 (more than 10 claims)
1,495 (10 or fewer claims)
Adverse claim.................. 105
Protest........................ 65
------------------------------------------------------------------------
Oil Shale Management (parts 3900, 3910, 3930)
------------------------------------------------------------------------
Exploration license application 315
Application for assignment or 65
sublease of record title 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.
* * * * *
[FR Doc. 2013-20037 Filed 8-15-13; 8:45 am]
BILLING CODE 4310-84-P
