Minerals Management: Adjustment of Cost Recovery Fees, 58625-58630 [2015-24699]

Download as PDF 58625 Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Rules and Regulations placing a site on the NPL does not mean that any remedial or removal action necessarily need be taken. K. Congressional Review Act This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Provisions of the Congressional Review Act (CRA) or section 305 of CERCLA may alter the effective date of this regulation. Under 5 U.S.C. 801(b)(1), a rule shall not take effect, or continue in effect, if Congress enacts (and the President signs) a joint resolution of disapproval, described under section 802. Another statutory provision that may affect this rule is CERCLA section 305, which provides for a legislative veto of regulations promulgated under CERCLA. Although INS v. Chadha, 462 U.S. 919,103 S. Ct. 2764 (1983), and Bd. of Regents of the University of Washington v. EPA, 86 F.3d 1214,1222 (D.C. Cir. 1996), cast the validity of the legislative veto into question, the EPA has transmitted a copy of this regulation to the Secretary of the Senate and the Clerk of the House of Representatives. If action by Congress under either the CRA or CERCLA section 305 calls the effective date of this regulation into question, the EPA will publish a document of clarification in the Federal Register. List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous substances, Hazardous waste, Intergovernmental relations, Natural resources, Oil pollution, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Dated: September 21, 2015. Mathy Stanislaus, Assistant Administrator, Office of Solid Waste and Emergency Response. PART 300—NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN 1. The authority citation for part 300 continues to read as follows: ■ Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193. 2. Table 1 of Appendix B to Part 300 is amended by adding entries for ‘‘Estech General Chemical Company’’, ‘‘Colonial Creosote’’, ‘‘BJAT LLC’’, ‘‘Main Street Ground Water Plume’’ and ‘‘Grain Handling Facility at Freeman’’ in alphabetical order by state to read as follows: ■ Appendix B to Part 300—National Priorities List 40 CFR part 300 is amended as follows: TABLE 1—GENERAL SUPERFUND SECTION Site name * IL ....................... * * * Estech General Chemical Company ..................................................... * Calumet City. * * * LA ..................... * * * Colonial Creosote .................................................................................. * Bogalusa. * * * MA .................... * * * BJAT LLC .............................................................................................. * Franklin. * * * TX ..................... * * * Main Street Ground Water Plume ......................................................... * Burnet. * * * WA .................... * * * Grain Handling Facility at Freeman ...................................................... * Freeman. * * * * * * City/County Notes (a) State * * * (a) A = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be greater than or equal to 28.50). * * * * * DEPARTMENT OF THE INTERIOR [FR Doc. 2015–24330 Filed 9–29–15; 8:45 am] Bureau of Land Management BILLING CODE 6560–50–P 43 CFR Part 3000 [L13100000 PP0000 LLWO310000] mstockstill on DSK4VPTVN1PROD with RULES RIN 1004–AE44 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. Minerals Management: Adjustment of Cost Recovery Fees DATES: Bureau of Land Management, Interior. ACTION: Final rule. ADDRESSES: AGENCY: This final rule amends the Bureau of Land Management (BLM) SUMMARY: VerDate Sep<11>2014 17:12 Sep 29, 2015 Jkt 235001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 This final rule is effective October 1, 2015. You may send inquiries or suggestions to Director (630), Bureau of Land Management, 2134LM, 1849 C Street NW., Washington, DC 20240; Attention: RIN 1004–AE44. E:\FR\FM\30SER1.SGM 30SER1 58626 Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Rules and Regulations 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 Mark Purdy, Regulatory Affairs, 202–912– 7635. 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 (43 CFR parts 3000–3900) according to 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 2013 to the 4th Quarter of 2014, 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 for fees equal to or greater than $1, or to the nearest cent for fees under $1, to establish the new fee. Under this rule, 34 fees will remain the same and 14 fees will increase. Of the fees that will be increased, 12 of the fee increases will amount to $5 each. The largest increase, $40, will be applied to the fee for adjudicating a mineral patent application containing more than 10 claims, and will increase the fee from $3,035 to $3,075. The fee for adjudicating a patent application containing 10 or fewer claims will increase by $15, from $1,520 to $1,535. The calculations that resulted in the new fees are included in the table below: 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 2005 cost recovery rule, and this new rule 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. See 43 CFR 3000.10(c). Accordingly, the Department of the Interior for good cause finds under 5 U.S.C. 553(b)(B) and (d)(3) that notice and public comment procedures are unnecessary and that the 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 change in the IPD–GDP from the 4th Quarter of one calendar Fixed cost recovery fees FY16 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 6 ...... Renewal of exploration permit—Alaska 7 .......................... $405 155 90 10 $403.6113 156.6327 90.3565 12.0454 $5.0451 1.9579 1.1295 0.1506 $408.6565 158.5906 91.4859 12.1960 $410 160 90 10 210 445 405 80 405 25 25 210.8318 445.7650 403.6113 78.3005 403.6113 ........................ ........................ 2.6354 5.5721 5.0451 0.9788 5.0451 ........................ ........................ 213.4672 451.3371 408.6565 79.2793 408.6565 ........................ ........................ 215 450 410 80 410 25 25 mstockstill on DSK4VPTVN1PROD with RULES Geothermal (part 3200) Noncompetitive lease application ...................................... Competitive lease application ............................................ Assignment and transfer of record title or operating right Name change, corporate merger or transfer to heir/devisee .................................................................................. Lease consolidation ........................................................... Lease reinstatement .......................................................... Nomination of lands ........................................................... Plus per acre nomination fee ............................................. Site license application ...................................................... Assignment or transfer of site license ............................... 405 155 90 403.6113 156.6327 90.3565 5.0451 1.9579 1.1295 408.6565 158.5906 91.4859 410 160 90 210 445 80 115 0.11 60 60 210.8318 445.7650 78.3005 112.7688 0.11277 60.2377 60.2377 2.6354 5.5721 0.9788 1.4096 0.00141 0.7530 0.7530 213.4672 451.3371 79.2793 114.1784 0.11418 60.9906 60.9906 215 450 80 115 0.11 60 60 0.1506 4.1415 0.8285 12.1960 335.4592 67.1047 10 335 65 Coal (parts 3400, 3470) License to mine application ............................................... Exploration license application .......................................... Lease or lease interest transfer ......................................... VerDate Sep<11>2014 17:12 Sep 29, 2015 Jkt 235001 PO 00000 Frm 00054 10 330 65 Fmt 4700 Sfmt 4700 12.0454 331.3177 66.2762 E:\FR\FM\30SER1.SGM 30SER1 Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Rules and Regulations Fixed cost recovery fees FY16 Existing fee 1 Document/action Existing value 2 IPD–GDP Increase 3 New value 4 58627 New fee 5 Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500, 3580) Applications other than those listed below ........................ Prospecting permit 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 65 110 30 520 30 30 30 30 30 36.1468 66.2762 108.4299 30.1294 518.0692 30.1294 30.1294 30.1294 30.1294 30.1294 0.4518 0.8285 1.3554 0.3766 6.4759 0.3766 0.3766 0.3766 0.3766 0.3766 36.5987 67.1047 109.7853 30.5060 524.5451 30.5060 30.5060 30.5060 30.5060 30.5060 35 65 110 30 525 30 30 30 30 30 0.1506 12.1960 10 Multiple Use; Mining (Group 3700) Notice of protest of placer mining operations .................... 10 12.0454 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 ten claims) .......... (ten or fewer claims) .......................................................... Adverse claim .................................................................... Protest ................................................................................ 10 20 10 10 10 110 12.0454 18.0629 12.0454 12.0454 12.0454 108.4299 0.1506 0.2258 0.1506 0.1506 0.1506 1.3554 12.1960 18.2886 12.1960 12.1960 12.1960 109.7853 10 20 10 10 10 110 30 3,035 1,520 110 65 30.1294 3,036.1112 1,518.0398 108.4299 66.2762 0.3766 37.9514 18.9755 1.3554 0.8285 30.5060 3,074.0626 1,537.0153 109.7853 67.1047 30 3,075 1,535 110 65 Oil Shale Management (parts 3900, 3910, 3930) Exploration License Application ......................................... Assignment or sublease of record title or overriding royalty .................................................................................. 320 317.7838 3.9723 321.7561 320 65 64.6399 0.8080 65.4479 65 Source for Implicit Price Deflator for Gross Domestic Product data: U.S. Department of Commerce, Bureau of Economic Analysis (March 27, 2015). 1 The Existing Fee was established by the 2014 (Fiscal Year 2015) cost recovery fee update rule published September 25, 2014 (79 FR 57476), effective October 1, 2014. 2 The Existing Value is the figure from the New Value column in the previous year’s rule. 3 From 4th Quarter 2013 to 4th Quarter 2014, the IPD–GDP increased by 1.25 percent. The value in the IPD–GDP Increase column is 1.25 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 2016 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. mstockstill on DSK4VPTVN1PROD with RULES 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, adjustments based on the figures in the VerDate Sep<11>2014 17:12 Sep 29, 2015 Jkt 235001 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 for fees equal to or greater than $1 or the nearest penny for fees under $1 to establish the New Fee. PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 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 E:\FR\FM\30SER1.SGM 30SER1 58628 Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Rules and Regulations 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 2 percent, and none of the increases materially affect the budgetary impact of user fees. Finally, this rule will not raise novel legal or policy 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. mstockstill on DSK4VPTVN1PROD with RULES 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. 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 VerDate Sep<11>2014 17:12 Sep 29, 2015 Jkt 235001 industries, for which the SBA has a different definition of ‘‘small entity.’’ The final rule may affect a large number of small entities since 14 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 2 percent as a result of this final rule. The adjustments result in no increase in the fee for the processing of 34 documents relating to the BLM’s minerals programs. The highest adjustment, in dollar terms, is for adjudications of mineral patent applications involving more than 10 mining claims, which will be increased by $40. For the 2005 final rule, the BLM completed a Regulatory Flexibility Act threshold analysis, which is available for public review in the administrative record for that rule. For instructions on how to view a copy of that analysis, please contact one of the persons listed in the FOR FURTHER INFORMATION CONTACT section above. The analysis for the 2005 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. Accordingly, a Small Entity Compliance Guide is not required. Executive Order 13132, Federalism This final rule will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. In accordance with Executive Order 13132, therefore, PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 we find that the final rule does not have federalism implications. A federalism assessment is not required. The Paperwork Reduction Act of 1995 This rule does not contain information collection requirements that require a control number from the Office of Management and Budget in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3521). After the effective date of this rule, the new fees may affect the nonhour burdens associated with the following control numbers: Oil and Gas (1) 1004–0034 which expires July 31, 2018; (2) 1004–0137 which expires January 31, 2018; (3) 1004–0162 which expires September 30, 2015; (4) 1004–0185 which expires December 31, 2015; Geothermal (5) 1004–0132 which expires December 31, 2016; Coal (6) 1004–0073 which expires August 31, 2016; Mining Claims (7) 1004–0025 which expires March 31, 2016; (8) 1004–0114 which expires October 31, 2016; 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. E:\FR\FM\30SER1.SGM 30SER1 Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Rules and Regulations The National Environmental Policy Act (NEPA) The BLM has determined that this final rule qualifies as a routine financial transaction and a regulation of an administrative, financial, legal, or procedural nature that is categorically excluded from environmental review under NEPA pursuant to 43 CFR 46.205 and 46.210(c) and (i). The final rule does not meet any of the 12 criteria for exceptions to categorical exclusions listed at 43 CFR 46.215. Pursuant to Council on Environmental Quality (CEQ) regulations, 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. The Unfunded Mandates Reform Act of 1995 The BLM has determined that this final rule is not significant under the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq., because it will not result in State, local, private sector, or tribal government expenditures of $100 million or more in any one year, 2 U.S.C. 1532. This rule will not significantly or uniquely affect small governments. Therefore, the BLM is not required to prepare a statement containing the information required by the Unfunded Mandates Reform Act. Consultation and Coordination With Indian Tribal Governments (Executive Order 13175) In accordance with Executive Order 13175, the BLM has determined that this final rule does not include policies that have tribal implications. Specifically, the rule would not have substantial direct effects on one or more Indian tribes. Consequently, the BLM did not utilize the consultation process set forth in Section 5 of the Executive Order. List of Subjects in 43 CFR Part 3000 Public lands—mineral resources, Reporting and recordkeeping requirements. Janice M. Schneider, Assistant Secretary, Land and Minerals Management. For reasons stated in the preamble, the Bureau of Land Management amends 43 CFR part 3000 as follows: PART 3000—MINERALS MANAGEMENT: GENERAL 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). 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. Effects on the Nation’s Energy Supply (Executive Order 13211) In accordance with Executive Order 13211, the BLM has determined that this final rule is not likely to have a significant adverse effect on the supply, distribution, or use of energy. It merely adjusts certain administrative cost recovery fees to account for inflation. Author The principal author of this rule is Mark Purdy of the Division of Regulatory Affairs, Bureau of Land Management. 1. The authority citation for part 3000 continues to read as follows: Subpart 3000—General 2. Amend § 3000.12 by revising paragraph (a) to read as follows: ■ § 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 2016. 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 (http:// www.blm.gov) before October 1 each year. Revised fees are effective each year on October 1. FY 2016 PROCESSING AND FILING FEE TABLE Document/action FY 2016 fee Oil & Gas (parts 3100, 3110, 3120, 3130, 3150) mstockstill on DSK4VPTVN1PROD with RULES 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 .................................................................................................................... $410 160 90 10 215 450 410 80 410 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 .................................................................................................................................................. VerDate Sep<11>2014 17:12 Sep 29, 2015 Jkt 235001 58629 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\30SER1.SGM 30SER1 410 160 90 215 450 80 58630 Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Rules and Regulations FY 2016 PROCESSING AND FILING FEE TABLE—Continued Document/action FY 2016 fee Nomination of lands .................................................................................................................................................. plus per acre nomination fee ............................................................................................................................. Site license application .............................................................................................................................................. Assignment or transfer of site license ....................................................................................................................... 115 0.11 60 60 Coal (parts 3400, 3470) License to mine application ....................................................................................................................................... Exploration license application .................................................................................................................................. Lease or lease interest transfer ................................................................................................................................ 10 335 65 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 65 110 30 525 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 ........................................................................................................................ 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 20 10 10 10 110 30 3,075 (more than 10 claims) 1,535 (10 or fewer claims) 110 65 Oil Shale Management (parts 3900, 3910, 3930) Exploration license application .................................................................................................................................. Application for assignment or sublease of record title or overriding royalty ............................................................ 320 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. * * * * * Defense Acquisition Regulations System BILLING CODE 4310–84–P 48 CFR Parts 204 and 237 [Docket No. DARS 2015–0009] mstockstill on DSK4VPTVN1PROD with RULES RIN 0750–AI29 Defense Federal Acquisition Regulation Supplement: Electronic Copies of Contractual Documents (DFARS Case 2012–D056) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: VerDate Sep<11>2014 17:12 Sep 29, 2015 Jkt 235001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to establish that the Electronic Data Access system is the primary tool for distributing contracts and contract data and to provide internal control procedures for data verification to ensure contract documents in the Electronic Data Access system are accurate representations of original documents. This rule also removes outmoded language that is not consistent with electronic document processes. SUMMARY: DEPARTMENT OF DEFENSE [FR Doc. 2015–24699 Filed 9–29–15; 8:45 am] Effective September 30, 2015. Ms. Tresa Sullivan, telephone 571–372– 6089. DATES: FOR FURTHER INFORMATION CONTACT: E:\FR\FM\30SER1.SGM 30SER1

Agencies

[Federal Register Volume 80, Number 189 (Wednesday, September 30, 2015)]
[Rules and Regulations]
[Pages 58625-58630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24699]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 3000

[L13100000 PP0000 LLWO310000]
RIN 1004-AE44


Minerals Management: Adjustment of Cost Recovery Fees

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rule.

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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, 2015.

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-AE44.

[[Page 58626]]


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 Mark Purdy, Regulatory Affairs, 202-912-
7635. 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 (43 CFR parts 3000-
3900) according to changes in the Implicit Price Deflator for Gross 
Domestic Product (IPD-GDP), which is published quarterly by the U.S. 
Department of Commerce. See also 43 CFR 3000.10. This final rule 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 2005 cost 
recovery rule, and this new rule 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. See 43 CFR 3000.10(c). Accordingly, the Department of the 
Interior for good cause finds under 5 U.S.C. 553(b)(B) and (d)(3) that 
notice and public comment procedures are unnecessary and that the 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 
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 2013 to the 
4th Quarter of 2014, 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 for fees equal to 
or greater than $1, or to the nearest cent for fees under $1, to 
establish the new fee.
    Under this rule, 34 fees will remain the same and 14 fees will 
increase. Of the fees that will be increased, 12 of the fee increases 
will amount to $5 each. The largest increase, $40, will be applied to 
the fee for adjudicating a mineral patent application containing more 
than 10 claims, and will increase the fee from $3,035 to $3,075. The 
fee for adjudicating a patent application containing 10 or fewer claims 
will increase by $15, from $1,520 to $1,535.
    The calculations that resulted in the new fees are included in the 
table below:

----------------------------------------------------------------------------------------------------------------
  Fixed cost recovery fees FY16
---------------------------------  Existing fee   Existing value      IPD-GDP      New value \4\    New fee \5\
         Document/action                \1\             \2\        Increase \3\
----------------------------------------------------------------------------------------------------------------
                                 Oil & Gas (parts 3100, 3110, 3120, 3130, 3150)
----------------------------------------------------------------------------------------------------------------
Noncompetitive lease application            $405       $403.6113         $5.0451       $408.6565         $410
Competitive lease application...             155        156.6327          1.9579        158.5906          160
Assignment and transfer of                    90         90.3565          1.1295         91.4859           90
 record title or operating
 rights.........................
Overriding royalty transfer,                  10         12.0454          0.1506         12.1960           10
 payment out of production......
Name change, corporate merger or             210        210.8318          2.6354        213.4672          215
 transfer to heir/devisee.......
Lease consolidation.............             445        445.7650          5.5721        451.3371          450
Lease renewal or exchange.......             405        403.6113          5.0451        408.6565          410
Lease reinstatement, Class I....              80         78.3005          0.9788         79.2793           80
Leasing under right-of-way......             405        403.6113          5.0451        408.6565          410
Geophysical exploration permit                25  ..............  ..............  ..............           25
 application--Alaska \6\........
Renewal of exploration permit--               25  ..............  ..............  ..............           25
 Alaska \7\.....................
----------------------------------------------------------------------------------------------------------------
                                             Geothermal (part 3200)
----------------------------------------------------------------------------------------------------------------
Noncompetitive lease application             405        403.6113          5.0451        408.6565          410
Competitive lease application...             155        156.6327          1.9579        158.5906          160
Assignment and transfer of                    90         90.3565          1.1295         91.4859           90
 record title or operating right
Name change, corporate merger or             210        210.8318          2.6354        213.4672          215
 transfer to heir/devisee.......
Lease consolidation.............             445        445.7650          5.5721        451.3371          450
Lease reinstatement.............              80         78.3005          0.9788         79.2793           80
Nomination of lands.............             115        112.7688          1.4096        114.1784          115
Plus per acre nomination fee....            0.11         0.11277         0.00141         0.11418            0.11
Site license application........              60         60.2377          0.7530         60.9906           60
Assignment or transfer of site                60         60.2377          0.7530         60.9906           60
 license........................
----------------------------------------------------------------------------------------------------------------
                                             Coal (parts 3400, 3470)
----------------------------------------------------------------------------------------------------------------
License to mine application.....              10         12.0454          0.1506         12.1960           10
Exploration license application.             330        331.3177          4.1415        335.4592          335
Lease or lease interest transfer              65         66.2762          0.8285         67.1047           65
----------------------------------------------------------------------------------------------------------------

[[Page 58627]]

 
                   Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500, 3580)
----------------------------------------------------------------------------------------------------------------
Applications other than those                 35         36.1468          0.4518         36.5987           35
 listed below...................
Prospecting permit amendment....              65         66.2762          0.8285         67.1047           65
Extension of prospecting permit.             110        108.4299          1.3554        109.7853          110
Lease modification or fringe                  30         30.1294          0.3766         30.5060           30
 acreage lease..................
Lease renewal...................             520        518.0692          6.4759        524.5451          525
Assignment, sublease, or                      30         30.1294          0.3766         30.5060           30
 transfer of operating rights...
Transfer of overriding royalty..              30         30.1294          0.3766         30.5060           30
Use permit......................              30         30.1294          0.3766         30.5060           30
Shasta and Trinity hardrock                   30         30.1294          0.3766         30.5060           30
 mineral lease..................
Renewal of existing sand and                  30         30.1294          0.3766         30.5060           30
 gravel lease in Nevada.........
----------------------------------------------------------------------------------------------------------------
                                        Multiple Use; Mining (Group 3700)
----------------------------------------------------------------------------------------------------------------
Notice of protest of placer                   10         12.0454          0.1506         12.1960           10
 mining operations..............
----------------------------------------------------------------------------------------------------------------
                      Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 3870)
----------------------------------------------------------------------------------------------------------------
Application to open lands to                  10         12.0454          0.1506         12.1960           10
 location.......................
Notice of Location..............              20         18.0629          0.2258         18.2886           20
Amendment of location...........              10         12.0454          0.1506         12.1960           10
Transfer of mining claim/site...              10         12.0454          0.1506         12.1960           10
Recording an annual FLPMA filing              10         12.0454          0.1506         12.1960           10
Deferment of assessment work....             110        108.4299          1.3554        109.7853          110
Recording a notice of intent to               30         30.1294          0.3766         30.5060           30
 locate mining claims on
 Stockraising Homestead Act
 lands..........................
Mineral Patent adjudication                3,035      3,036.1112         37.9514      3,074.0626        3,075
 (more than ten claims).........
(ten or fewer claims)...........           1,520      1,518.0398         18.9755      1,537.0153        1,535
Adverse claim...................             110        108.4299          1.3554        109.7853          110
Protest.........................              65         66.2762          0.8285         67.1047           65
----------------------------------------------------------------------------------------------------------------
                                  Oil Shale Management (parts 3900, 3910, 3930)
----------------------------------------------------------------------------------------------------------------
Exploration License Application.             320        317.7838          3.9723        321.7561          320
Assignment or sublease of record              65         64.6399          0.8080         65.4479           65
 title or overriding royalty....
----------------------------------------------------------------------------------------------------------------
Source for Implicit Price Deflator for Gross Domestic Product data: U.S. Department of Commerce, Bureau of
  Economic Analysis (March 27, 2015).
\1\ The Existing Fee was established by the 2014 (Fiscal Year 2015) cost recovery fee update rule published
  September 25, 2014 (79 FR 57476), effective October 1, 2014.
\2\ The Existing Value is the figure from the New Value column in the previous year's rule.
\3\ From 4th Quarter 2013 to 4th Quarter 2014, the IPD-GDP increased by 1.25 percent. The value in the IPD-GDP
  Increase column is 1.25 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 2016 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.

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, 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 for fees equal to or greater than $1 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

[[Page 58628]]

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 2 percent, and none of the 
increases materially affect the budgetary impact of user fees.
    Finally, this rule will not raise novel legal or policy 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. 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 14 
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 2 percent as a result of this 
final rule. The adjustments result in no increase in the fee for the 
processing of 34 documents relating to the BLM's minerals programs. The 
highest adjustment, in dollar terms, is for adjudications of mineral 
patent applications involving more than 10 mining claims, which will be 
increased by $40. For the 2005 final rule, the BLM completed a 
Regulatory Flexibility Act threshold analysis, which is available for 
public review in the administrative record for that rule. For 
instructions on how to view a copy of that analysis, please contact one 
of the persons listed in the FOR FURTHER INFORMATION CONTACT section 
above. The analysis for the 2005 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. 
Accordingly, a Small Entity Compliance Guide is not required.

Executive Order 13132, Federalism

    This final rule will not have a substantial direct effect on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. In accordance with Executive Order 13132, 
therefore, we find that the final rule does not have federalism 
implications. A federalism assessment is not required.

The Paperwork Reduction Act of 1995

    This rule does not contain information collection requirements that 
require a control number from the Office of Management and Budget in 
accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521). After the effective date of this rule, the new fees may affect 
the non-hour burdens associated with the following control numbers:
Oil and Gas
    (1) 1004-0034 which expires July 31, 2018;
    (2) 1004-0137 which expires January 31, 2018;
    (3) 1004-0162 which expires September 30, 2015;
    (4) 1004-0185 which expires December 31, 2015;
Geothermal
    (5) 1004-0132 which expires December 31, 2016;
Coal
    (6) 1004-0073 which expires August 31, 2016;
Mining Claims
    (7) 1004-0025 which expires March 31, 2016;
    (8) 1004-0114 which expires October 31, 2016; 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.

[[Page 58629]]

The National Environmental Policy Act (NEPA)

    The BLM has determined that this final rule qualifies as a routine 
financial transaction and a regulation of an administrative, financial, 
legal, or procedural nature that is categorically excluded from 
environmental review under NEPA pursuant to 43 CFR 46.205 and 46.210(c) 
and (i). The final rule does not meet any of the 12 criteria for 
exceptions to categorical exclusions listed at 43 CFR 46.215.
    Pursuant to Council on Environmental Quality (CEQ) regulations, 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.

The Unfunded Mandates Reform Act of 1995

    The BLM has determined that this final rule is not significant 
under the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq., 
because it will not result in State, local, private sector, or tribal 
government expenditures of $100 million or more in any one year, 2 
U.S.C. 1532. This rule will not significantly or uniquely affect small 
governments. Therefore, the BLM is not required to prepare a statement 
containing the information required by the Unfunded Mandates Reform 
Act.

Consultation and Coordination With Indian Tribal Governments (Executive 
Order 13175)

    In accordance with Executive Order 13175, the BLM has determined 
that this final rule does not include policies that have tribal 
implications. Specifically, the rule would not have substantial direct 
effects on one or more Indian tribes. Consequently, the BLM did not 
utilize the consultation process set forth in Section 5 of the 
Executive Order.

Information Quality Act

    In developing this rule, the BLM did not conduct or use a study, 
experiment, or survey requiring peer review under the Information 
Quality Act (Pub. L. 106-554).

Effects on the Nation's Energy Supply (Executive Order 13211)

    In accordance with Executive Order 13211, the BLM has determined 
that this final rule is not likely to have a significant adverse effect 
on the supply, distribution, or use of energy. It merely adjusts 
certain administrative cost recovery fees to account for inflation.

Author

    The principal author of this rule is Mark Purdy 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.

Janice M. Schneider,
Assistant Secretary, Land and Minerals Management.

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

PART 3000--MINERALS MANAGEMENT: GENERAL

0
1. The authority citation for part 3000 continues to read as follows:

    Authority:  16 U.S.C. 3101 et seq.; 30 U.S.C. 181 et seq., 301-
306, 351-359, and 601 et seq.; 31 U.S.C. 9701; 40 U.S.C. 471 et 
seq.; 42 U.S.C. 6508; 43 U.S.C. 1701 et seq.; and Pub. L. 97-35, 95 
Stat. 357.

Subpart 3000--General

0
2. Amend Sec.  3000.12 by revising paragraph (a) to read as follows:


Sec.  3000.12  What is the fee schedule for fixed fees?

    (a) The table in this section shows the fixed fees that you must 
pay to the BLM for the services listed for Fiscal Year 2016. 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 (http://www.blm.gov) before 
October 1 each year. Revised fees are effective each year on October 1.

                 FY 2016 Processing and Filing Fee Table
------------------------------------------------------------------------
        Document/action                        FY 2016 fee
------------------------------------------------------------------------
             Oil & Gas (parts 3100, 3110, 3120, 3130, 3150)
------------------------------------------------------------------------
Noncompetitive lease             $410
 application.
Competitive lease application..  160
Assignment and transfer of       90
 record title or operating
 rights.
Overriding royalty transfer,     10
 payment out of production.
Name change, corporate merger    215
 or transfer to heir/devisee.
Lease consolidation............  450
Lease renewal or exchange......  410
Lease reinstatement, Class I...  80
Leasing under right-of-way.....  410
Geophysical exploration permit   25
 application--Alaska.
Renewal of exploration permit--  25
 Alaska.
------------------------------------------------------------------------
                         Geothermal (part 3200)
------------------------------------------------------------------------
Noncompetitive lease             410
 application.
Competitive lease application..  160
Assignment and transfer of       90
 record title or operating
 rights.
Name change, corporate merger    215
 or transfer to heir/devisee.
Lease consolidation............  450
Lease reinstatement............  80

[[Page 58630]]

 
Nomination of lands............  115
    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  335
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  110
Lease modification or fringe     30
 acreage lease.
Lease renewal..................  525
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.
Notice of location *...........  20
Amendment of location..........  10
Transfer of mining claim/site..  10
Recording an annual FLPMA        10
 filing.
Deferment of assessment work...  110
Recording a notice of intent to  30
 locate mining claims on
 Stockraising Homestead Act
 lands.
Mineral patent adjudication....  3,075 (more than 10 claims)
                                 1,535 (10 or fewer claims)
Adverse claim..................  110
Protest........................  65
------------------------------------------------------------------------
              Oil Shale Management (parts 3900, 3910, 3930)
------------------------------------------------------------------------
Exploration license application  320
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. 2015-24699 Filed 9-29-15; 8:45 am]
 BILLING CODE 4310-84-P