Minerals Management: Adjustment of Cost Recovery Fees, 64056-64061 [2020-20542]
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Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Rules and Regulations
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TABLE 1 TO PARAGRAPH (a)—EPA-APPROVED WYOMING SDWA § 1422 UNDERGROUND INJECTION CONTROL PROGRAM
STATUTES AND REGULATIONS FOR WELL CLASSES I, III, IV, V AND VI
State
effective
date
EPA approval date 1
State citation
Title/subject
Wyoming Statutes sections 35–11–101 through
35–11–115, and 35–11–301 through 35–11–
305.
Water Quality Rules and Regulations, Wyoming
Department of Environmental Quality Chapter
III: Regulations for Permit to Construct, Install
or Modify Public Facilities Capable or, (sic)
Causing or Contributing to Pollution.
Wyoming Environmental Quality Act ....................
1989
March 6, 1991, 56 FR
9421.
Regulations for Permit to Construct, Install or
Modify Public Water Supplies, Wastewater Facilities, Disposal Systems, Biosolids Management Facilities, Treated Wastewater Reuse
Systems and Other Facilities Capable of
Causing or Contributing to Pollution.
Quality Standards for Groundwaters of Wyoming
1983
May 11, 1984, 49 FR
20197.
1980
May 11, 1984, 49 FR
20197.
Wyoming Groundwater Pollution Control Permit
1980
May 11, 1984, 49 FR
20197.
Prohibitions of Permits for New Hazardous
Waste Injection Wells.
1989
March 6, 1991, 56 FR
9421.
In Situ Mining .......................................................
1981
May 11, 1984, 49 FR
20197.
Class VI Injection Wells and Facilities Underground and Injection Control Program.
2020
October 9, 2020, [Insert
Federal Register citation]
Water Quality Rules and Regulations, Wyoming
Department of Environmental Quality, Chapter
VIII: Quality Standards for Groundwaters of
Wyoming.
Water Quality Rules and Regulations, Wyoming
Department of Environmental Quality, Chapter
IX: Wyoming Groundwater Pollution Control
Permit.
Water Quality Rules and Regulations, Wyoming
Department of Environmental Quality, Chapter
XIII: Prohibitions of Permits for New Hazardous
Waste Injection Wells.
Land Quality Rules and Regulations, Wyoming
Department of Environmental Quality, Chapter
XXI: In Situ Mining.
Water Quality Rules and Regulations, Wyoming
Department of Environmental Quality, Chapter
XXIV: Class VI Injection Wells and Facilities
Underground and Injection Control Program.
1 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
*
*
*
*
*
(c) * * *
(6) Memorandum of Agreement
addendum between EPA, Region VIII,
and Wyoming Department of
Environmental Quality, signed by the
EPA Regional Administrator on March
20, 2020.
(7) Letter from Governor of Wyoming
to Regional Administrator, EPA Region
VIII, ‘‘Re: UIC Program Class VI
Application,’’ January 23, 2020.
(d) * * *
(3) ‘‘Attorney General’s Statement—
‘‘Attorney General’s Statement to
Accompany Wyoming’s Underground
Injection Control Program Class VI
Primacy Application,’’ signed by
Attorney General and Assistant
Attorney General for the State of
Wyoming, January 9, 2020.
(4) Letter from the Attorney General
for the State of Wyoming to Regional
Counsel, EPA Region VIII, ‘‘Re:
Wyoming Underground Injection
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Control Program Class VI Regulations,’’
October 25, 2019.
(e) The Program Description and any
other materials submitted as part of the
application or amendment thereto, and
the Program Description and any other
materials submitted as part of the
revision application or amendment
thereto.
DEPARTMENT OF THE INTERIOR
[FR Doc. 2020–20544 Filed 10–8–20; 8:45 am]
Minerals Management: Adjustment of
Cost Recovery Fees
BILLING CODE 6560–50–P
PO 00000
Bureau of Land Management
43 CFR Part 3000
[20X.LLWO300000.L13100000.PP0000]
RIN 1004–AE74
Bureau of Land Management,
Interior.
ACTION: Final rule.
AGENCY:
This final rule updates the
fees set forth in the Bureau of Land
Management (BLM) mineral resources
regulations for the processing of certain
minerals program-related actions. It also
adjusts certain filing fees for mineralsrelated documents. These updated fees
include those for actions such as lease
SUMMARY:
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renewals and mineral patent
adjudications.
This final rule is effective
October 9, 2020.
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–AE74.
FOR FURTHER INFORMATION CONTACT:
Rebecca Good, Acting Chief, Division of
Fluid Minerals, 307–261–7633, rgood@
blm.gov; Tim Barnes, Acting Chief,
Division of Solid Minerals, 541–416–
6858, tbarnes@blm.gov; or Faith
Bremner, Regulatory Affairs, 202–912–
7441, fbremner@blm.gov. Persons who
use a telecommunications device for the
deaf (TDD) may leave a message for
these individuals with the Federal Relay
Service (FRS) at 1–800–877–8339, 24
hours a day, 7 days a week.
SUPPLEMENTARY INFORMATION:
DATES:
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) that established new
fees or revised fees and service charges
for processing documents related to its
minerals programs (‘‘2005 Cost
Recovery Rule’’). In addition, the 2005
Cost Recovery Rule also established the
method the BLM would use to adjust
those fees and service charges on an
annual basis.
The regulations at 43 CFR 3000.12(a)
provide that the BLM will annually
adjust fees established in Subchapter C
(43 CFR parts 3000–3900) according to
changes in the Implicit Price Deflator for
Gross Domestic Product (IPD–GDP),
which is published quarterly by the U.S.
Department of Commerce. See also 43
CFR 3000.10. This final rule updates
those fees and service charges consistent
with that direction. The fee adjustments
in this final rule are based on the
mathematical formula set forth in the
2005 Cost Recovery Rule. The public
had an opportunity to comment on that
adjustment procedure as part of the
2005 rulemaking. Accordingly, the
Department of the Interior for good
cause finds under 5 U.S.C. 553(b)(B) and
(d)(3) that notice and public comment
procedures are unnecessary and that the
fee adjustments in this final rule may be
effective less than 30 days after
publication. See 43 CFR 3000.10(c).
II. Discussion of Final Rule
As set forth in the 2005 Cost Recovery
Rule, the fee updates are based on the
change in the IPD–GDP. The BLM’s
minerals program publishes the updated
Existing
fee 1
(FY 2020)
Fixed Cost Recovery Fees
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150):
Noncompetitive lease application .................................
Competitive lease application .......................................
Assignment and transfer of record title or operating
rights ..........................................................................
Overriding royalty transfer, payment out of production
Name change, corporate merger or transfer to heir/
devisee ......................................................................
Lease consolidation ......................................................
Lease renewal or exchange .........................................
Lease reinstatement, Class I ........................................
Leasing under right-of-way ...........................................
Geophysical exploration permit application—Alaska ...
Renewal of exploration permit—Alaska .......................
Geothermal (part 3200):
Noncompetitive lease application .................................
Competitive lease application .......................................
Assignment and transfer of record title or operating
right ...........................................................................
Name change, corporate merger or transfer to heir/
devisee ......................................................................
Lease consolidation ......................................................
Lease reinstatement .....................................................
Nomination of lands ......................................................
1 The Existing Fee was established by the 2019
(FY 2020) cost recovery fee update rule published
November 6, 2019 (84 FR 59730), effective
November 6, 2019.
2 The Existing Value is the figure from the New
Value column in the previous year’s rule.
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Existing
value 2
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cost recovery fees annually, at the start
of each fiscal year (FY).
This final rule updates the current
(FY 2020) cost recovery fees for use in
FY 2021. The current fees were set by
the cost recovery fee rule published on
November 6, 2019 (84 FR 59730),
effective November 6, 2019. The update
in this final rule adjusts the FY 2020
fees based on the change in the IPD–
GDP from the 4th Quarter of 2018 to the
4th Quarter of 2019.
Under this final rule, 30 fees will
remain the same and 18 fees will
increase. Of the 18 fees that are being
increased by this final rule, 11 will
increase by $5 each, and five will
increase by $10 each. The largest
increase, $50, will be applied to the fee
for adjudicating a mineral patent
application containing more than 10
claims, which will increase from $3,290
to $3,340. The fee for adjudicating a
patent application containing 10 or
fewer claims will increase by $25, from
$1,645 to $1,670. It is important to note
that the ‘‘real’’ values of the fees are not
actually increasing, since real values
account for the effect of inflation. In real
terms, the values of the fees are simply
being adjusted to account for the
changes in the prices of goods and
services produced in the United States.
The calculations that resulted in the
new fees are included in the table
below:
IPD–GDP
increase 3
New value 4
New fee 5
(FY 2021)
$435
170
$437,281
169.699
$7.040
2.732
$444.321
172.431
$445
170
100
15
97.894
13.050
1.576
0.210
99.470
13.260
100
15
230
485
435
85
435
25
25
228.419
482.951
437.281
84.832
437.281
26.712
26.712
3.677
7.775
7.040
1.365
7.040
0.430
0.430
232.096
490.726
444.321
86,197
444.321
27.142
27.142
230
490
445
85
445
25
25
435
170
437.281
169.699
7.040
2.732
444.321
172.431
445
170
100
97.894
1.576
99.470
100
230
485
85
120
228.419
482.951
84.832
122.176
3.677
7.775
1.365
1.967
232.096
490.726
86.197
124.143
230
490
85
125
3 From 4th Quarter 2018 (111.256) to 4th Quarter
2019 (113.043), the IPD–GDP increased by 1.61
percent. The value in the IPD–GDP Increase column
is 1.61 percent of the ‘‘Existing Value.’’
4 The sum of the ‘‘Existing Value’’ and the ‘‘IPD–
GDP Increase’’ is the ‘‘New Value.’’
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5 The ‘‘New Fee’’ for FY 2021 is the ‘‘New Value’’
rounded to the nearest $5 for values equal to or
greater than $1, or rounded to the nearest penny for
values under $1.
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Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Rules and Regulations
Existing
fee 1
(FY 2020)
Fixed Cost Recovery Fees
Plus per acre nomination fee .......................................
Site license application .................................................
Assignment or transfer of site license ..........................
Coal (parts 3400, 3470):
License to mine application ..........................................
Exploration license application .....................................
Lease or lease interest transfer ....................................
Leasing of Solid Minerals Other Than Coal and Oil Shale
(parts 3500, 3580):
Applications other than those listed below ...................
Prospecting permit amendment ....................................
Extension of prospecting permit ...................................
Lease modification or fringe acreage lease .................
Lease renewal ..............................................................
Assignment, sublease, or transfer of operating rights
Transfer of overriding royalty ........................................
Use permit ....................................................................
Shasta and Trinity hardrock mineral lease ...................
Renewal of existing sand and gravel lease in Nevada
Multiple Use; Mining (Group 3700):
Notice of protest of placer mining operations ..............
Mining Law Administration (parts 3800, 3810, 3830, 3850,
3860, 3870):
Application to open lands to location ...........................
Notice of location ..........................................................
Amendment of location .................................................
Transfer of mining claim/site ........................................
Recording an annual FLPMA filing ...............................
Deferment of assessment work ....................................
Recording a notice of intent to locate mining claims
on Stockraising Homestead Act lands ......................
Mineral patent adjudication (more than ten claims) .....
(ten or fewer claims) .....................................................
Adverse claim ...............................................................
Protest ...........................................................................
Oil Shale Management (parts 3900, 3910, 3930):
Exploration license application .....................................
Assignment or sublease of record title or overriding
royalty ........................................................................
III. How Fees Are Adjusted
The BLM took the base values (or
‘‘existing values’’) upon which it
derived the FY 2020 cost recovery fees
(or ‘‘existing fees’’) and multiplied them
by the percent change in the IPD–GDP
(1.61 percent for this update) to generate
the ‘‘IPD–GDP increases’’ (in dollars).
The BLM then added the ‘‘IPD–GDP
increases’’ to the ‘‘existing values’’ to
generate the ‘‘new values.’’ The BLM
then calculated the ‘‘new fees’’ by
rounding the ‘‘new values’’ to the
closest multiple of $5 for fees equal to
or greater than $1, or to the nearest cent
for fees under $1. The ‘‘new fees’’ are
the updated cost recovery fees for FY
2021.
The source for IDP–GDP data is the
U.S. Department of Commerce, Bureau
of Economic Analysis, specifically,
‘‘Table 1.1.9. Implicit Price Deflators for
Gross Domestic Product,’’ which the
BLM accessed on July 6, 2020, on the
web at https://apps.bea.gov/iTable/
iTable.cfm?reqid=19&step=2#reqid=
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Existing
value 2
IPD–GDP
increase 3
New value 4
New fee 5
(FY 2021)
0.12
65
65
0.121
65.263
65.263
0.001
1.050
1.050
0.122
66.313
66.313
0.12
65
65
15
360
70
13.050
358.956
71.804
0.210
5.779
1.156
13.260
364.735
72.960
15
365
75
40
70
115
35
560
35
35
35
35
35
39.162
71.804
117.475
32.642
561.287
32.643
32.643
32.643
32.643
32.643
0.630
1.156
1.891
0.525
9.036
0.525
0.525
0.525
0.525
0.525
39.792
72.960
119.366
33.167
570.323
33.168
33.168
33.168
33.168
33.168
40
75
120
35
570
35
35
35
35
35
15
13.050
0.210
13.260
15
15
20
15
15
15
115
13.050
19.569
13.050
13.050
13.050
117.475
0.210
0.315
0.210
0.210
0.210
1.891
13.260
19.884
13.260
13.260
13.260
119.366
15
20
15
15
15
120
35
3,290
1,645
115
70
32.643
3,289.392
1,644.679
117.475
71.804
0.525
52.959
26.479
1.891
1.156
33.168
3,342.351
1,671.158
119.366
72.960
35
3,340
1,670
120
75
345
344.294
5.543
349.837
350
70
70.032
1.127
71.159
70
19&step=3&isuri=1&1921=
survey&1903=13.
in the FOR FURTHER INFORMATION
CONTACT section above.
IV. Procedural Matters
This final rule will not create
inconsistencies or otherwise interfere
with an action taken or planned by
another agency. This rule does not
change the relationships of the onshore
minerals programs with other agencies’
actions. These relationships are
included in agreements and memoranda
of understanding that will not change
with this rule.
In addition, this final rule does not
materially affect the budgetary impact of
entitlements, grants, or loan programs,
or the rights and obligations of their
recipients. This rule applies an
inflationary adjustment factor to
existing user fees for processing certain
actions associated with the onshore
minerals programs.
Finally, this final rule will not raise
novel legal or policy issues. As
explained above, this rule simply
implements an annual process to
account for inflation that was adopted
Regulatory Planning and Review
(Executive Order 12866)
This document is not a significant
rule, and the Office of Management and
Budget has not reviewed this final rule
under Executive Order 12866.
The BLM has determined that this
final rule will not have an annual effect
on the economy of $100 million or
more. It will not adversely affect in a
material way the economy, a sector of
the economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local, or tribal
governments or communities. The
changes in today’s rule are much
smaller than those in the 2005 Cost
Recovery Rule, which did not approach
the threshold in Executive Order 12866.
For instructions on how to view a copy
of the analysis prepared in conjunction
with the 2005 Cost Recovery Rule,
please contact one of the persons listed
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by and explained in the 2005 Cost
Recovery Rule.
Reducing Regulation and Controlling
Regulatory Costs (E.O. 13771)
This action is not an E.O. 13771
regulatory action because it is not
significant under E.O. 12866.
The Regulatory Flexibility Act
This final rule will not have a
significant economic effect on a
substantial number of small entities as
defined under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). As a result,
a Regulatory Flexibility Analysis is not
required. The Small Business
Administration defines small entities as
individual, limited partnerships, or
small companies considered to be at
arm’s length from the control of any
parent companies if they meet the
following size requirements as
established for each North American
Industry Classification System (NAICS)
code:
• Iron ore mining (NAICS code 212210):
750 or fewer employees
• Gold ore mining (NAICS code
212221): 1,500 or fewer employees
• Silver ore mining (NAICS code
212222): 250 or fewer employees
• Uranium-Radium-Vanadium ore
mining (NAICS code 212291): 250 or
fewer employees
• All Other Metal ore mining (NAICS
code 212299): 750 or fewer employees
• Bituminous Coal and Lignite Surface
Mining (NAICS code 212111): 1,250
or fewer employees
• Bituminous Coal Underground
Mining (NAICS code 212112): 1,500
or fewer employees
• Crude Petroleum Extraction (NAICS
code 211120): 1,250 or fewer
employees
• Natural Gas Extraction (NAICS code
211130): 1,250 or fewer employees
• All Other Non-Metallic Mineral
Mining (NAICS code 212399): 500 or
fewer employees
The SBA would consider many, if not
most, of the operators with whom the
BLM works in the onshore minerals
programs to be small entities. The BLM
notes that this final rule does not affect
service industries, for which the SBA
has a different definition of ‘‘small
entity.’’
The final rule may affect a large
number of small entities because 18 fees
for activities on public lands will be
increased. The adjustments result in no
increase in the fees for processing 30
actions 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; that fee
will increase by $50. It is important to
note that the ‘‘real’’ values of the fees
are not actually increasing, since real
values account for the effect of inflation.
In real terms, the values of the fees are
simply being adjusted to account for the
changes in the prices of goods and
services produced in the United States.
Accordingly, the BLM has concluded
that the economic effect of the rule’s
changes will not be significant, even for
small entities.
For the 2005 Cost Recovery Rule, the
BLM completed a Regulatory Flexibility
Act threshold analysis, 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 Cost Recovery Rule
concluded that the fees would not have
a significant economic effect on a
substantial number of small entities.
The fee increases implemented in this
rule are substantially smaller than those
provided for in the 2005 Cost Recovery
Rule.
The Small Business Regulatory
Enforcement Fairness Act
This final rule is not a ‘‘major rule’’
as defined at 5 U.S.C. 804(2). The final
rule will not have an annual effect on
the economy greater than $100 million;
it will not result in major cost or price
increases for consumers, industries,
government agencies, or regions; and it
will not have significant adverse effects
on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
Accordingly, a Small Entity Compliance
Guide is not required.
Executive Order 13132, Federalism
This final rule will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. In accordance
with Executive Order 13132, the BLM
therefore finds that the final rule does
not have federalism implications, and a
federalism assessment is not required.
The Paperwork Reduction Act of 1995
This final rule does not contain
information collection requirements that
require a control number from the Office
of Management and Budget in
accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3521). After the effective date of this
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rule, the new fees may affect the nonhour burdens associated with the
following control numbers:
Oil and Gas
(1) 1004–0034 which expires June 30,
2021;
(2) 1004–0137 which expires October
31, 2021
(3) 1004–0162 which expires October
31, 2021;
(4) 1004–0185 which expires
December 31, 2021;
Geothermal
(5) 1004–0132 which expires July 31,
2020; 6
Coal
(6) 1004–0073 which expires April 30,
2023;
Mining Claims
(7) 1004–0025 which expires February
28, 2022;
(8) 1004–0114 which expires April 30,
2023; and
Leasing of Solid Minerals Other Than
Oil Shale
(9) 1004–0121 which expires October
31, 2022.
Takings Implication Assessment
(Executive Order 12630)
As required by Executive Order
12630, the BLM has determined that
this final rule will not cause a taking of
private property. No private property
rights will be affected by a rule that
merely updates fees. The BLM therefore
certifies that this final rule does not
represent a governmental action capable
of interference with constitutionally
protected property rights.
Civil Justice Reform (Executive Order
12988)
In accordance with Executive Order
12988, the BLM finds that this final rule
will not unduly burden the judicial
system and meets the requirements of
sections 3(a) and 3(b)(2) of the Executive
Order.
The National Environmental Policy Act
(NEPA)
The BLM has determined that this
final rule qualifies as a routine financial
transaction and a regulation of an
administrative, financial, legal, or
procedural nature that is categorically
excluded from environmental review
under NEPA pursuant to 43 CFR 46.205
and 46.210(c) and (i). The final rule
does not meet any of the 12 criteria for
6 A renewal request for control number 1004–
0132 was submitted to the Office of Management
and Budget on February 20, 2020
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exceptions to categorical exclusions
listed at 43 CFR 46.215. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required in connection with the rule
(40 CFR 1508.4).
The Unfunded Mandates Reform Act of
1995
The BLM has determined that this
final rule is not significant under the
Unfunded Mandates Reform Act of
1995, 2 U.S.C. 1501 et seq., because it
will not result in State, local, private
sector, or tribal government
expenditures of $100 million or more in
any one year, 2 U.S.C. 1532. This rule
will not significantly or uniquely affect
small governments. Therefore, the BLM
is not required to prepare a statement
containing the information required by
the Unfunded Mandates Reform Act.
did not utilize the consultation process
set forth in Section 5 of the Executive
Order.
PART 3000—MINERALS
MANAGEMENT: GENERAL
Information Quality Act
In developing this final rule, the BLM
did not conduct or use a study,
experiment, or survey requiring peer
review under the Information Quality
Act (Pub. L. 106–554).
■
Effects on the Nation’s Energy Supply
(Executive Order 13211)
In accordance with Executive Order
13211, the BLM has determined that
this final rule is not likely to have a
significant adverse effect on the supply,
distribution, or use of energy. It merely
adjusts certain administrative cost
recovery fees to account for inflation.
Consultation and Coordination With
Indian Tribal Governments (Executive
Order 13175)
Author
The principal author of this final rule
is Faith Bremner of the Division of
Regulatory Affairs, Bureau of Land
Management.
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
List of Subjects in 43 CFR Part 3000
Public lands—mineral resources,
Reporting and recordkeeping
requirements.
For reasons stated in the preamble,
the Bureau of Land Management
amends 43 CFR part 3000 as follows:
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
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 must be paid to the BLM
for the services listed for FY 2021.
These fees are nonrefundable and must
be included with documents filed 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 website (https://
www.blm.gov) before October 1 each
year. Revised fees are effective each year
on October 1.
TABLE 1 TO PARAGRAPH (a)—FY 2021 PROCESSING AND FILING FEE TABLE
Document/action
FY 2021 fee
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150):
Noncompetitive lease application ........................................................................................................
Competitive lease application ..............................................................................................................
Assignment and transfer of record title or operating rights .................................................................
Overriding royalty transfer, payment out of production .......................................................................
Name change, corporate merger or transfer to heir/devisee ..............................................................
Lease consolidation .............................................................................................................................
Lease renewal or exchange ................................................................................................................
Lease reinstatement, Class I ...............................................................................................................
Leasing under right-of-way ..................................................................................................................
Geophysical exploration permit application—Alaska ..........................................................................
Renewal of exploration permit—Alaska ..............................................................................................
Geothermal (part 3200):
Noncompetitive lease application ........................................................................................................
Competitive lease application ..............................................................................................................
Assignment and transfer of record title or operating rights .................................................................
Name change, corporate merger or transfer to heir/devisee ..............................................................
Lease consolidation .............................................................................................................................
Lease reinstatement ............................................................................................................................
Nomination of lands .............................................................................................................................
plus per acre nomination fee ........................................................................................................
Site license application ........................................................................................................................
Assignment or transfer of site license .................................................................................................
Coal (parts 3400, 3470):
License to mine application .................................................................................................................
Exploration license application ............................................................................................................
Lease or lease interest transfer ...........................................................................................................
Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500, 3580):
Applications other than those listed below ..........................................................................................
Prospecting permit application amendment ........................................................................................
Extension of prospecting permit ..........................................................................................................
Lease modification or fringe acreage lease ........................................................................................
Lease renewal .....................................................................................................................................
Assignment, sublease, or transfer of operating rights ........................................................................
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$445.
170.
100.
15.
230.
490.
445.
85.
445.
25.
25.
445.
170.
100.
230.
490.
85.
125.
0.12.
65.
65.
15.
365.
75.
40.
75.
120.
35.
570.
35.
09OCR1
Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Rules and Regulations
64061
TABLE 1 TO PARAGRAPH (a)—FY 2021 PROCESSING AND FILING FEE TABLE—Continued
Document/action
FY 2021 fee
Transfer of overriding royalty ...............................................................................................................
Use permit ...........................................................................................................................................
Shasta and Trinity hardrock mineral lease ..........................................................................................
Renewal of existing sand and gravel lease in Nevada .......................................................................
Public Law 359; Mining in Powersite Withdrawals: General (part 3730):
Notice of protest of placer mining operations .....................................................................................
Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 3870):
Application to open lands to location ..................................................................................................
Notice of location * ...............................................................................................................................
Amendment of location ........................................................................................................................
Transfer of mining claim/site ...............................................................................................................
Recording an annual FLPMA filing ......................................................................................................
Deferment of assessment work ...........................................................................................................
Recording a notice of intent to locate mining claims on Stockraising Homestead Act lands ............
Mineral patent adjudication ..................................................................................................................
Adverse claim ......................................................................................................................................
Protest ..................................................................................................................................................
Oil Shale Management (parts 3900, 3910, 3930):
Exploration license application ............................................................................................................
Application for assignment or sublease of record title or overriding royalty .......................................
35.
35.
35.
35.
15.
15.
20.
15.
15.
15.
120.
35.
3,340 (more than 10 claims).
1,670 (10 or fewer claims).
120.
75.
350.
70.
* To record a mining claim or site location, this processing fee along with the initial maintenance fee and the one-time location fee required by
statute (43 CFR part 3833) must be paid.
*
*
*
*
*
Casey Hammond,
Principal Deputy Assistant Secretary,
Exercising the Authority of the Assistant
Secretary, Land and Minerals Management.
[FR Doc. 2020–20542 Filed 10–8–20; 8:45 am]
BILLING CODE 4310–84–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[WC Docket No. 17–84; WT Docket No. 17–
79, FCC 18–111; FRS 17035]
Accelerating Wireline and Wireless
Broadband Deployment by Removing
Barriers to Infrastructure Investment
Federal Communications
Commission.
ACTION: Correcting amendment.
AGENCY:
Revisions to certain of the
Federal Communications Commission’s
pole attachment rules were published in
the Federal Register on September 14,
2018. However, that document
incorrectly listed a cross-reference in
one section of the Commission’s rules,
and this document corrects those final
regulations.
DATES: Effective October 9, 2020.
FOR FURTHER INFORMATION CONTACT:
Wireline Competition Bureau,
Competition Policy Division, Michael
Ray, at (202) 418–0357, michael.ray@
fcc.gov.
SUPPLEMENTARY INFORMATION: The FCC
published a rule in the September 14,
SUMMARY:
VerDate Sep<11>2014
16:35 Oct 08, 2020
Jkt 253001
2018 edition of the Federal Register at
83 FR 46812 entitled ‘‘Accelerating
Wireline and Wireless Broadband
Deployment by Removing Barriers to
Infrastructure Investment.’’ That rule
contained an error in a cross-reference
in § 1.1413(b). The FCC is publishing
this correcting amendment to fix the
cross-reference to prevent any confusion
among the regulated community and the
general public.
List of Subjects in 47 CFR Part 1
Administrative practice and
procedure, Communications common
carriers, Pole attachment complaint
procedures, Reporting and
recordkeeping requirements,
Telecommunications.
For the reasons set forth in the
preamble, the FCC amends 47 CFR part
1 as follows:
PART 1—PRACTICE AND
PROCEDURE
1. The authority for part 1 continues
to read as follows:
■
Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28
U.S.C. 2461, unless otherwise noted.
2. Amend § 1.1413 by revising
paragraph (b) to read as follows:
■
§ 1.1413 Complaints by incumbent local
exchange carriers.
*
*
*
*
*
(b) In complaint proceedings
challenging utility pole attachment
rates, terms, and conditions for pole
attachment contracts entered into or
renewed after the effective date of this
section, there is a presumption that an
PO 00000
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incumbent local exchange carrier (or an
association of incumbent local exchange
carriers) is similarly situated to an
attacher that is a telecommunications
carrier (as defined in 47 U.S.C.
251(a)(5)) or a cable television system
providing telecommunications services
for purposes of obtaining comparable
rates, terms, or conditions. In such
complaint proceedings challenging pole
attachment rates, there is a presumption
that incumbent local exchange carriers
(or an association of incumbent local
exchange carriers) may be charged no
higher than the rate determined in
accordance with § 1.1406(d)(2). A utility
can rebut either or both of the two
presumptions in this paragraph (b) with
clear and convincing evidence that the
incumbent local exchange carrier
receives benefits under its pole
attachment agreement with a utility that
materially advantages the incumbent
local exchange carrier over other
telecommunications carriers or cable
television systems providing
telecommunications services on the
same poles.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2020–19686 Filed 10–8–20; 8:45 am]
BILLING CODE 6712–01–P
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]]>Agencies
[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Rules and Regulations]
[Pages 64056-64061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20542]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3000
[20X.LLWO300000.L13100000.PP0000]
RIN 1004-AE74
Minerals Management: Adjustment of Cost Recovery Fees
AGENCY: Bureau of Land Management, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule updates the fees set forth in the Bureau of
Land Management (BLM) mineral resources regulations for the processing
of certain minerals program-related actions. It also adjusts certain
filing fees for minerals-related documents. These updated fees include
those for actions such as lease
[[Page 64057]]
renewals and mineral patent adjudications.
DATES: This final rule is effective October 9, 2020.
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-AE74.
FOR FURTHER INFORMATION CONTACT: Rebecca Good, Acting Chief, Division
of Fluid Minerals, 307-261-7633, [email protected]; Tim Barnes, Acting
Chief, Division of Solid Minerals, 541-416-6858, [email protected]; or
Faith Bremner, Regulatory Affairs, 202-912-7441, [email protected].
Persons who use a telecommunications device for the deaf (TDD) may
leave a message for these individuals with the Federal Relay Service
(FRS) 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) that established new fees or revised fees and service charges
for processing documents related to its minerals programs (``2005 Cost
Recovery Rule''). In addition, the 2005 Cost Recovery Rule also
established the method the BLM would use to adjust those fees and
service charges on an annual basis.
The regulations at 43 CFR 3000.12(a) provide that the BLM will
annually adjust fees established in Subchapter C (43 CFR parts 3000-
3900) according to changes in the Implicit Price Deflator for Gross
Domestic Product (IPD-GDP), which is published quarterly by the U.S.
Department of Commerce. See also 43 CFR 3000.10. This final rule
updates those fees and service charges consistent with that direction.
The fee adjustments in this final rule are based on the mathematical
formula set forth in the 2005 Cost Recovery Rule. The public had an
opportunity to comment on that adjustment procedure as part of the 2005
rulemaking. Accordingly, the Department of the Interior for good cause
finds under 5 U.S.C. 553(b)(B) and (d)(3) that notice and public
comment procedures are unnecessary and that the fee adjustments in this
final rule may be effective less than 30 days after publication. See 43
CFR 3000.10(c).
II. Discussion of Final Rule
As set forth in the 2005 Cost Recovery Rule, the fee updates are
based on the change in the IPD-GDP. The BLM's minerals program
publishes the updated cost recovery fees annually, at the start of each
fiscal year (FY).
This final rule updates the current (FY 2020) cost recovery fees
for use in FY 2021. The current fees were set by the cost recovery fee
rule published on November 6, 2019 (84 FR 59730), effective November 6,
2019. The update in this final rule adjusts the FY 2020 fees based on
the change in the IPD-GDP from the 4th Quarter of 2018 to the 4th
Quarter of 2019.
Under this final rule, 30 fees will remain the same and 18 fees
will increase. Of the 18 fees that are being increased by this final
rule, 11 will increase by $5 each, and five will increase by $10 each.
The largest increase, $50, will be applied to the fee for adjudicating
a mineral patent application containing more than 10 claims, which will
increase from $3,290 to $3,340. The fee for adjudicating a patent
application containing 10 or fewer claims will increase by $25, from
$1,645 to $1,670. It is important to note that the ``real'' values of
the fees are not actually increasing, since real values account for the
effect of inflation. In real terms, the values of the fees are simply
being adjusted to account for the changes in the prices of goods and
services produced in the United States.
The calculations that resulted in the new fees are included in the
table below:
---------------------------------------------------------------------------
\1\ The Existing Fee was established by the 2019 (FY 2020) cost
recovery fee update rule published November 6, 2019 (84 FR 59730),
effective November 6, 2019.
\2\ The Existing Value is the figure from the New Value column
in the previous year's rule.
\3\ From 4th Quarter 2018 (111.256) to 4th Quarter 2019
(113.043), the IPD-GDP increased by 1.61 percent. The value in the
IPD-GDP Increase column is 1.61 percent of the ``Existing Value.''
\4\ The sum of the ``Existing Value'' and the ``IPD-GDP
Increase'' is the ``New Value.''
\5\ The ``New Fee'' for FY 2021 is the ``New Value'' rounded to
the nearest $5 for values equal to or greater than $1, or rounded to
the nearest penny for values under $1.
----------------------------------------------------------------------------------------------------------------
Existing fee Existing value IPD-GDP New fee \5\
Fixed Cost Recovery Fees \1\ (FY 2020) \2\ increase \3\ New value \4\ (FY 2021)
----------------------------------------------------------------------------------------------------------------
Oil & Gas (parts 3100, 3110,
3120, 3130, 3150):
Noncompetitive lease $435 $437,281 $7.040 $444.321 $445
application................
Competitive lease 170 169.699 2.732 172.431 170
application................
Assignment and transfer of 100 97.894 1.576 99.470 100
record title or operating
rights.....................
Overriding royalty transfer, 15 13.050 0.210 13.260 15
payment out of production..
Name change, corporate 230 228.419 3.677 232.096 230
merger or transfer to heir/
devisee....................
Lease consolidation......... 485 482.951 7.775 490.726 490
Lease renewal or exchange... 435 437.281 7.040 444.321 445
Lease reinstatement, Class I 85 84.832 1.365 86,197 85
Leasing under right-of-way.. 435 437.281 7.040 444.321 445
Geophysical exploration 25 26.712 0.430 27.142 25
permit application--Alaska.
Renewal of exploration 25 26.712 0.430 27.142 25
permit--Alaska.............
Geothermal (part 3200):
Noncompetitive lease 435 437.281 7.040 444.321 445
application................
Competitive lease 170 169.699 2.732 172.431 170
application................
Assignment and transfer of 100 97.894 1.576 99.470 100
record title or operating
right......................
Name change, corporate 230 228.419 3.677 232.096 230
merger or transfer to heir/
devisee....................
Lease consolidation......... 485 482.951 7.775 490.726 490
Lease reinstatement......... 85 84.832 1.365 86.197 85
Nomination of lands......... 120 122.176 1.967 124.143 125
[[Page 64058]]
Plus per acre nomination fee 0.12 0.121 0.001 0.122 0.12
Site license application.... 65 65.263 1.050 66.313 65
Assignment or transfer of 65 65.263 1.050 66.313 65
site license...............
Coal (parts 3400, 3470):
License to mine application. 15 13.050 0.210 13.260 15
Exploration license 360 358.956 5.779 364.735 365
application................
Lease or lease interest 70 71.804 1.156 72.960 75
transfer...................
Leasing of Solid Minerals Other
Than Coal and Oil Shale (parts
3500, 3580):
Applications other than 40 39.162 0.630 39.792 40
those listed below.........
Prospecting permit amendment 70 71.804 1.156 72.960 75
Extension of prospecting 115 117.475 1.891 119.366 120
permit.....................
Lease modification or fringe 35 32.642 0.525 33.167 35
acreage lease..............
Lease renewal............... 560 561.287 9.036 570.323 570
Assignment, sublease, or 35 32.643 0.525 33.168 35
transfer of operating
rights.....................
Transfer of overriding 35 32.643 0.525 33.168 35
royalty....................
Use permit.................. 35 32.643 0.525 33.168 35
Shasta and Trinity hardrock 35 32.643 0.525 33.168 35
mineral lease..............
Renewal of existing sand and 35 32.643 0.525 33.168 35
gravel lease in Nevada.....
Multiple Use; Mining (Group
3700):
Notice of protest of placer 15 13.050 0.210 13.260 15
mining operations..........
Mining Law Administration (parts
3800, 3810, 3830, 3850, 3860,
3870):
Application to open lands to 15 13.050 0.210 13.260 15
location...................
Notice of location.......... 20 19.569 0.315 19.884 20
Amendment of location....... 15 13.050 0.210 13.260 15
Transfer of mining claim/ 15 13.050 0.210 13.260 15
site.......................
Recording an annual FLPMA 15 13.050 0.210 13.260 15
filing.....................
Deferment of assessment work 115 117.475 1.891 119.366 120
Recording a notice of intent 35 32.643 0.525 33.168 35
to locate mining claims on
Stockraising Homestead Act
lands......................
Mineral patent adjudication 3,290 3,289.392 52.959 3,342.351 3,340
(more than ten claims).....
(ten or fewer claims)....... 1,645 1,644.679 26.479 1,671.158 1,670
Adverse claim............... 115 117.475 1.891 119.366 120
Protest..................... 70 71.804 1.156 72.960 75
Oil Shale Management (parts
3900, 3910, 3930):
Exploration license 345 344.294 5.543 349.837 350
application................
Assignment or sublease of 70 70.032 1.127 71.159 70
record title or overriding
royalty....................
----------------------------------------------------------------------------------------------------------------
III. How Fees Are Adjusted
The BLM took the base values (or ``existing values'') upon which it
derived the FY 2020 cost recovery fees (or ``existing fees'') and
multiplied them by the percent change in the IPD-GDP (1.61 percent for
this update) to generate the ``IPD-GDP increases'' (in dollars). The
BLM then added the ``IPD-GDP increases'' to the ``existing values'' to
generate the ``new values.'' The BLM then calculated the ``new fees''
by rounding the ``new values'' to the closest multiple of $5 for fees
equal to or greater than $1, or to the nearest cent for fees under $1.
The ``new fees'' are the updated cost recovery fees for FY 2021.
The source for IDP-GDP data is the U.S. Department of Commerce,
Bureau of Economic Analysis, specifically, ``Table 1.1.9. Implicit
Price Deflators for Gross Domestic Product,'' which the BLM accessed on
July 6, 2020, on the web at https://apps.bea.gov/iTable/iTable.cfm?reqid=19&step=2#reqid=19&step=3&isuri=1&1921=survey&1903=13.
IV. Procedural Matters
Regulatory Planning and Review (Executive Order 12866)
This document is not a significant rule, and the Office of
Management and Budget has not reviewed this final rule under Executive
Order 12866.
The BLM has determined that this final rule will not have an annual
effect on the economy of $100 million or more. It will not adversely
affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities. The
changes in today's rule are much smaller than those in the 2005 Cost
Recovery Rule, which did not approach the threshold in Executive Order
12866. For instructions on how to view a copy of the analysis prepared
in conjunction with the 2005 Cost Recovery Rule, please contact one of
the persons listed in the FOR FURTHER INFORMATION CONTACT section
above.
This final rule will not create inconsistencies or otherwise
interfere with an action taken or planned by another agency. This rule
does not change the relationships of the onshore minerals programs with
other agencies' actions. These relationships are included in agreements
and memoranda of understanding that will not change with this rule.
In addition, this final rule does not materially affect the
budgetary impact of entitlements, grants, or loan programs, or the
rights and obligations of their recipients. This rule applies an
inflationary adjustment factor to existing user fees for processing
certain actions associated with the onshore minerals programs.
Finally, this final rule will not raise novel legal or policy
issues. As explained above, this rule simply implements an annual
process to account for inflation that was adopted
[[Page 64059]]
by and explained in the 2005 Cost Recovery Rule.
Reducing Regulation and Controlling Regulatory Costs (E.O. 13771)
This action is not an E.O. 13771 regulatory action because it is
not significant under E.O. 12866.
The Regulatory Flexibility Act
This final rule will not have a significant economic effect on a
substantial number of small entities as defined under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). As a result, a Regulatory
Flexibility Analysis is not required. The Small Business Administration
defines small entities as individual, limited partnerships, or small
companies considered to be at arm's length from the control of any
parent companies if they meet the following size requirements as
established for each North American Industry Classification System
(NAICS) code:
Iron ore mining (NAICS code 212210): 750 or fewer employees
Gold ore mining (NAICS code 212221): 1,500 or fewer employees
Silver ore mining (NAICS code 212222): 250 or fewer employees
Uranium-Radium-Vanadium ore mining (NAICS code 212291): 250 or
fewer employees
All Other Metal ore mining (NAICS code 212299): 750 or fewer
employees
Bituminous Coal and Lignite Surface Mining (NAICS code
212111): 1,250 or fewer employees
Bituminous Coal Underground Mining (NAICS code 212112): 1,500
or fewer employees
Crude Petroleum Extraction (NAICS code 211120): 1,250 or fewer
employees
Natural Gas Extraction (NAICS code 211130): 1,250 or fewer
employees
All Other Non-Metallic Mineral Mining (NAICS code 212399): 500
or fewer employees
The SBA would consider many, if not most, of the operators with
whom the BLM works in the onshore minerals programs to be small
entities. The BLM notes that this final rule does not affect service
industries, for which the SBA has a different definition of ``small
entity.''
The final rule may affect a large number of small entities because
18 fees for activities on public lands will be increased. The
adjustments result in no increase in the fees for processing 30 actions
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; that fee will increase by $50. It
is important to note that the ``real'' values of the fees are not
actually increasing, since real values account for the effect of
inflation. In real terms, the values of the fees are simply being
adjusted to account for the changes in the prices of goods and services
produced in the United States. Accordingly, the BLM has concluded that
the economic effect of the rule's changes will not be significant, even
for small entities.
For the 2005 Cost Recovery Rule, the BLM completed a Regulatory
Flexibility Act threshold analysis, 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 Cost Recovery Rule concluded that the fees would
not have a significant economic effect on a substantial number of small
entities. The fee increases implemented in this rule are substantially
smaller than those provided for in the 2005 Cost Recovery Rule.
The Small Business Regulatory Enforcement Fairness Act
This final rule is not a ``major rule'' as defined at 5 U.S.C.
804(2). The final rule will not have an annual effect on the economy
greater than $100 million; it will not result in major cost or price
increases for consumers, industries, government agencies, or regions;
and it will not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
Accordingly, a Small Entity Compliance Guide is not required.
Executive Order 13132, Federalism
This final rule will not have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. In accordance with Executive Order 13132,
the BLM therefore finds that the final rule does not have federalism
implications, and a federalism assessment is not required.
The Paperwork Reduction Act of 1995
This final rule does not contain information collection
requirements that require a control number from the Office of
Management and Budget in accordance with the Paperwork Reduction Act of
1995 (44 U.S.C. 3501-3521). After the effective date of this rule, the
new fees may affect the non-hour burdens associated with the following
control numbers:
Oil and Gas
(1) 1004-0034 which expires June 30, 2021;
(2) 1004-0137 which expires October 31, 2021
(3) 1004-0162 which expires October 31, 2021;
(4) 1004-0185 which expires December 31, 2021;
Geothermal
(5) 1004-0132 which expires July 31, 2020; \6\
---------------------------------------------------------------------------
\6\ A renewal request for control number 1004-0132 was submitted
to the Office of Management and Budget on February 20, 2020
---------------------------------------------------------------------------
Coal
(6) 1004-0073 which expires April 30, 2023;
Mining Claims
(7) 1004-0025 which expires February 28, 2022;
(8) 1004-0114 which expires April 30, 2023; and
Leasing of Solid Minerals Other Than Oil Shale
(9) 1004-0121 which expires October 31, 2022.
Takings Implication Assessment (Executive Order 12630)
As required by Executive Order 12630, the BLM has determined that
this final rule will not cause a taking of private property. No private
property rights will be affected by a rule that merely updates fees.
The BLM therefore certifies that this final rule does not represent a
governmental action capable of interference with constitutionally
protected property rights.
Civil Justice Reform (Executive Order 12988)
In accordance with Executive Order 12988, the BLM finds that this
final rule will not unduly burden the judicial system and meets the
requirements of sections 3(a) and 3(b)(2) of the Executive Order.
The National Environmental Policy Act (NEPA)
The BLM has determined that this final rule qualifies as a routine
financial transaction and a regulation of an administrative, financial,
legal, or procedural nature that is categorically excluded from
environmental review under NEPA pursuant to 43 CFR 46.205 and 46.210(c)
and (i). The final rule does not meet any of the 12 criteria for
[[Page 64060]]
exceptions to categorical exclusions listed at 43 CFR 46.215.
Therefore, neither an environmental assessment nor an environmental
impact statement is required in connection with the rule (40 CFR
1508.4).
The Unfunded Mandates Reform Act of 1995
The BLM has determined that this final rule is not significant
under the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq.,
because it will not result in State, local, private sector, or tribal
government expenditures of $100 million or more in any one year, 2
U.S.C. 1532. This rule will not significantly or uniquely affect small
governments. Therefore, the BLM is not required to prepare a statement
containing the information required by the Unfunded Mandates Reform
Act.
Consultation and Coordination With Indian Tribal Governments (Executive
Order 13175)
In accordance with Executive Order 13175, the BLM has determined
that this final rule does not include policies that have tribal
implications. Specifically, the rule would not have substantial direct
effects on one or more Indian tribes. Consequently, the BLM did not
utilize the consultation process set forth in Section 5 of the
Executive Order.
Information Quality Act
In developing this final rule, the BLM did not conduct or use a
study, experiment, or survey requiring peer review under the
Information Quality Act (Pub. L. 106-554).
Effects on the Nation's Energy Supply (Executive Order 13211)
In accordance with Executive Order 13211, the BLM has determined
that this final rule is not likely to have a significant adverse effect
on the supply, distribution, or use of energy. It merely adjusts
certain administrative cost recovery fees to account for inflation.
Author
The principal author of this final rule is Faith Bremner of the
Division of Regulatory Affairs, Bureau of Land Management.
List of Subjects in 43 CFR Part 3000
Public lands--mineral resources, Reporting and recordkeeping
requirements.
For reasons stated in the preamble, the Bureau of Land Management
amends 43 CFR part 3000 as follows:
PART 3000--MINERALS MANAGEMENT: GENERAL
0
1. The authority citation for part 3000 continues to read as follows:
Authority: 16 U.S.C. 3101 et seq.; 30 U.S.C. 181 et seq., 301-
306, 351-359, and 601 et seq.; 31 U.S.C. 9701; 40 U.S.C. 471 et
seq.; 42 U.S.C. 6508; 43 U.S.C. 1701 et seq.; and Pub. L. 97-35, 95
Stat. 357.
Subpart 3000--General
0
2. Amend Sec. 3000.12 by revising paragraph (a) to read as follows:
Sec. 3000.12 What is the fee schedule for fixed fees?
(a) The table in this section shows the fixed fees that must be
paid to the BLM for the services listed for FY 2021. These fees are
nonrefundable and must be included with documents filed 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 website (https://www.blm.gov) before
October 1 each year. Revised fees are effective each year on October 1.
Table 1 to Paragraph (a)--FY 2021 Processing and Filing Fee Table
----------------------------------------------------------------------------------------------------------------
Document/action FY 2021 fee
----------------------------------------------------------------------------------------------------------------
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150):
Noncompetitive lease application............... $445.
Competitive lease application.................. 170.
Assignment and transfer of record title or 100.
operating rights.
Overriding royalty transfer, payment out of 15.
production.
Name change, corporate merger or transfer to 230.
heir/devisee.
Lease consolidation............................ 490.
Lease renewal or exchange...................... 445.
Lease reinstatement, Class I................... 85.
Leasing under right-of-way..................... 445.
Geophysical exploration permit application-- 25.
Alaska.
Renewal of exploration permit--Alaska.......... 25.
Geothermal (part 3200):
Noncompetitive lease application............... 445.
Competitive lease application.................. 170.
Assignment and transfer of record title or 100.
operating rights.
Name change, corporate merger or transfer to 230.
heir/devisee.
Lease consolidation............................ 490.
Lease reinstatement............................ 85.
Nomination of lands............................ 125.
plus per acre nomination fee............... 0.12.
Site license application....................... 65.
Assignment or transfer of site license......... 65.
Coal (parts 3400, 3470):
License to mine application.................... 15.
Exploration license application................ 365.
Lease or lease interest transfer............... 75.
Leasing of Solid Minerals Other Than Coal and Oil
Shale (parts 3500, 3580):
Applications other than those listed below..... 40.
Prospecting permit application amendment....... 75.
Extension of prospecting permit................ 120.
Lease modification or fringe acreage lease..... 35.
Lease renewal.................................. 570.
Assignment, sublease, or transfer of operating 35.
rights.
[[Page 64061]]
Transfer of overriding royalty................. 35.
Use permit..................................... 35.
Shasta and Trinity hardrock mineral lease...... 35.
Renewal of existing sand and gravel lease in 35.
Nevada.
Public Law 359; Mining in Powersite Withdrawals:
General (part 3730):
Notice of protest of placer mining operations.. 15.
Mining Law Administration (parts 3800, 3810, 3830,
3850, 3860, 3870):
Application to open lands to location.......... 15.
Notice of location *........................... 20.
Amendment of location.......................... 15.
Transfer of mining claim/site.................. 15.
Recording an annual FLPMA filing............... 15.
Deferment of assessment work................... 120.
Recording a notice of intent to locate mining 35.
claims on Stockraising Homestead Act lands.
Mineral patent adjudication.................... 3,340 (more than 10 claims).
1,670 (10 or fewer claims).
Adverse claim.................................. 120.
Protest........................................ 75.
Oil Shale Management (parts 3900, 3910, 3930):
Exploration license application................ 350.
Application for assignment or sublease of 70.
record title or overriding royalty.
----------------------------------------------------------------------------------------------------------------
* To record a mining claim or site location, this processing fee along with the initial maintenance fee and the
one-time location fee required by statute (43 CFR part 3833) must be paid.
* * * * *
Casey Hammond,
Principal Deputy Assistant Secretary, Exercising the Authority of the
Assistant Secretary, Land and Minerals Management.
[FR Doc. 2020-20542 Filed 10-8-20; 8:45 am]
BILLING CODE 4310-84-P
