Minerals Management: Adjustment of Cost Recovery Fees, 54636-54641 [2021-21514]
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54636
Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Rules and Regulations
and add in its place
these changes). The average estimated
increase for all IPFs is approximately 1.9
percent based on the FY 2019 claims, or 0.9
percent based on the FY 2020 claims. These
estimated net increases include the effects of
the 2016-based IPF market basket update of
2.7 percent reduced by the productivity
adjustment of 0.7 percentage point, as
required by section 1886(s)(2)(A)(i) of the
Act. They also include the overall estimated
0.1 percent decrease in estimated IPF outlier
payments as a percent of total payments from
updating the outlier fixed dollar loss
threshold amount. In addition, column 5
includes the distributional effects of the final
updates to the IPF wage index, the laborrelated share, and the final updated COLA
factors, whose impacts are displayed in
column 4. Based on the FY 2020 claims
distribution, the increase to estimated
payments due to the market basket update
factor are offset in large part for some
provider types by the increase to the outlier
fixed dollar loss threshold.’’
‘‘Finally, column 5 compares the total final
changes reflected in this final rule for FY
2022 to the estimates for FY 2021 (without
b. In the second column, in the first
full paragraph, remove the paragraph,
increase for all IPFs is approximately 2.1
percent based on the FY 2019 claims, or 0.9
percent based on the FY 2020 claims. These
estimated net increases include the effects of
the 2016-based market basket update of 2.7
percent reduced by the productivity
adjustment of 0.7 percentage point, as
required by section 1886(s)(2)(A)(i) of the
Act. They also include the overall estimated
0.1 percent increase in estimated IPF outlier
payments as a percent of total payments from
updating the outlier fixed dollar loss
threshold amount. In addition, column 5
includes the distributional effects of the final
updates to the IPF wage index, the laborrelated share, and the final updated COLA
factors, whose impacts are displayed in
column 4. Based on the FY 2020 claims
distribution, the increase to estimated
payments due to the market basket update
factor are offset in large part for some
provider types by the increase to the outlier
fixed dollar loss threshold.’’
‘‘IPF payments are therefore estimated to
increase by 2.1 percent in urban areas and 2.2
percent in rural areas based on this finalized
policy. Overall, IPFs are estimated to
experience a net increase in payments as a
result of the updates in this final rule. The
largest payment increase is estimated at 2.7
percent for IPFs in the South Atlantic
region.’’
and add in its place
‘‘IPF payments are therefore estimated to
increase by 1.8 percent in urban areas and 2.1
percent in rural areas based on this finalized
policy. Overall, IPFs are estimated to
experience a net increase in payments as a
result of the updates in this final rule. The
largest payment increases are estimated at 2.5
percent for IPFs in the South Atlantic region
and 2.5 percent for rural, government-owned
IPF hospitals.’’
19. On page 42677,
a. Above Table 15, in the third
column, in the first full paragraph, in
line 13, remove the number ‘‘1,519’’ and
add in its place ‘‘1,520’’.
b. Revise Table 19 to read as follows:
TABLE 19—ACCOUNTING STATEMENT: CLASSIFICATION OF ESTIMATED COSTS, SAVINGS, AND TRANSFERS
Primary
estimate
($million/year)
Category
Regulatory Review Costs ..................
Annualized Monetized Costs Savings
0.2
¥0.51
¥0.44
70
Annualized Monetized Transfers
from Federal Government to IPF
Medicare Providers.
c. Below Table 19, in the third
column, in line 10, remove the number
‘‘1,519’’ and add in its place ‘‘1,520’’.
Karuna Seshasai,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2021–21546 Filed 9–30–21; 4:15 pm]
BILLING CODE 4120–01–P
Units
Low estimate
High estimate
........................
¥0.38
¥0.33
........................
........................
¥0.64
¥0.54
........................
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
renewals and mineral patent
adjudications.
This final rule is effective on
October 4, 2021.
DATES:
DEPARTMENT OF THE INTERIOR
You may send inquiries or
suggestions to Director (630), Bureau of
Land Management, 760 Horizon Drive,
Grand Junction, CO 81506; Attention:
RIN 1004–AE81.
ADDRESSES:
Bureau of Land Management
43 CFR Part 3000
[212L1109AF.LLHQ300000.
L13100000.PP0000]
FOR FURTHER INFORMATION CONTACT:
RIN 1004–AE81
Minerals Management: Adjustment of
Cost Recovery Fees
Bureau of Land Management,
Interior.
ACTION: Final rule.
AGENCY:
This final rule updates the
fees set forth in the Bureau of Land
SUMMARY:
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Sheila Mallory, Acting Chief, Division
of Fluid Minerals, 775–287–3293,
smallory@blm.gov; Lindsey Curnutt,
Chief, Division of Solid Minerals, 775–
824–2910, lcurnutt@blm.gov; or Faith
Bremner, Regulatory Analyst, Division
of Regulatory Affairs, fbremner@
blm.gov. Persons who use a
telecommunications device for the deaf
(TDD) may leave a message for these
individuals with the Federal Relay
PO 00000
Discount rate
(%)
Year dollars
Frm 00050
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2020
2019
2019
FY 2022
........................
7
3
........................
Period covered
FY
FY
FY
FY
2022.
2023–FY 2031.
2023–FY 2031.
2022.
Service (FRS) at 1–800–877–8339, 24
hours a day, 7 days a week.
SUPPLEMENTARY INFORMATION:
I. Background
The BLM has 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 for
inflation 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.
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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 2021) cost recovery fees for use in
FY 2022. The current fees were set by
the cost recovery fee rule published on
October 9, 2020 (85 FR 64056), effective
October 9, 2020. The update in this final
rule adjusts the FY 2021 fees based on
the change in the IPD–GDP from the 4th
Quarter of 2019 to the 4th Quarter of
2020.
Under this final rule, 33 fees will
remain the same and 15 fees will
increase. Of the 15 fees that are being
increased by this final rule, 12 fees will
increase by $5 each, and one fee will
increase by $10. The largest increase,
$45, will be applied to the fee for
Existing
fee 1
(FY 2021)
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 ..........................................................................
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 ..................................
1 The Existing Fee was established by the 2020
(FY 2021) cost recovery fee update rule published
on October 9, 2020 (85 FR 64056), effective October
9, 2020.
2 The Existing Value is the figure from the New
Value column in the previous year’s rule.
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adjudicating a mineral patent
application containing more than 10
claims, which will increase from $3,340
to $3,385. The fee for adjudicating a
patent application containing 10 or
fewer claims will increase by $20, from
$1,670 to $1,690. 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:
Existing
value 2
IPD–GDP
increase 3
New
value 4
New fee 5
(FY 2022)
$445
170
100
15
230
490
445
85
445
25
25
$444.321
172.431
99.470
13.260
232.096
490.726
444.321
86.197
444.321
27.142
27.142
$5.598
2.172
1.253
0.167
2.924
6.183
5.598
1.086
5.598
0.341
0.341
$449.919
174.603
100.723
13.427
235.020
496.909
449.919
87.283
449.919
27.483
27.483
$450
175
100
15
235
495
450
85
450
25
25
445
170
100
230
490
85
125
0.12
65
65
444.321
172.431
99.470
232.096
490.726
86.197
124.143
0.122
66.313
66.313
5.598
2.172
1.253
2.924
6.183
1.086
1.564
0.001
0.835
0.835
449.919
174.603
100.723
235.020
496.909
87.283
125.707
0.123
67.148
67.148
450
175
100
235
495
85
125
0.12
65
65
15
365
75
13.260
364.735
72.960
0.167
4.595
0.919
13.427
369.330
73.879
15
370
75
40
75
120
35
570
35
35
35
35
35
39.792
72.960
119.366
33.168
570.323
33.168
33.168
33.168
33.168
33.168
0.501
0.919
1.504
0.417
7.186
0.417
0.417
0.417
0.417
0.417
40.293
73.879
120.870
33.584
577.509
33.585
33.585
33.585
33.585
33.585
40
75
120
35
580
35
35
35
35
35
15
13.260
0.167
13.427
15
3 From 4th Quarter 2019 (112.950) to 4th Quarter
2020 (114.368), the IPD–GDP increased by 1.26
percent. The value in the IPD–GDP Increase column
is 1.26 percent of the ‘‘Existing Value.’’
4 The sum of the ‘‘Existing Value’’ and the ‘‘IPD–
GDP Increase’’ is the ‘‘New Value.’’
PO 00000
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Sfmt 4700
5 The ‘‘New Fee’’ for FY 2022 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. 86, No. 189 / Monday, October 4, 2021 / Rules and Regulations
Existing
fee 1
(FY 2021)
Fixed cost recovery fees
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 2021 cost recovery fees
(or ‘‘existing fees’’) and multiplied them
by the percent change in the IPD–GDP
(1.26 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
2022.
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 May 13, 2021, 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 this rule are much smaller
than those in the 2005 Cost Recovery
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Existing
value 2
0.167
0.250
0.167
0.167
0.167
1.504
13.427
20.134
13.427
13.427
13.427
120.870
15
20
15
15
15
120
35
3,340
1,670
120
75
33.168
3,342.351
1,671.158
119.366
72.960
0.417
42.113
21.056
1.504
0.919
33.585
3,384.464
1,692.214
120.870
73.879
35
3,385
1,690
120
75
350
70
349.837
71.159
4.407
0.896
354.244
72.055
355
70
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 (SBA) defines small
entities as individual, limited
partnerships, or small companies
considered to be at arm’s length from
Fmt 4700
New fee 5
(FY 2022)
13.260
19.884
13.260
13.260
13.260
119.366
The Regulatory Flexibility Act
Frm 00052
New
value 4
15
20
15
15
15
120
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 earlier, this rule simply
implements an annual process to
account for inflation that was adopted
by and explained in the 2005 Cost
Recovery Rule.
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IPD–GDP
increase 3
Sfmt 4700
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 15 fees
for activities on public lands will be
increased. The adjustments result in no
increase in the fees for processing 33
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 $45. 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 August
31, 2021; 6
(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,
2023;
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–
0034 was submitted to the Office of Management
and Budget on May 5, 2021.
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54639
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:
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Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Rules and Regulations
PART 3000—MINERALS
MANAGEMENT: GENERAL
Subpart 3000—General
2. Amend § 3000.12 by revising
paragraph (a) to read 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.
§ 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 Fiscal Year
(FY) 2022. 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 2022 PROCESSING AND FILING FEE TABLE
FY 2022
fee
Document/action
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150):
Noncompetitive lease application .....................................................................................................................................................
Competitive lease application ...........................................................................................................................................................
Assignment and transfer of record title or operating rights .............................................................................................................
Overriding royalty transfer, payment out of production ....................................................................................................................
Name change, corporate merger or transfer to heir/devisee ...........................................................................................................
Lease consolidation ..........................................................................................................................................................................
Lease renewal or exchange .............................................................................................................................................................
Lease reinstatement, Class I ............................................................................................................................................................
Leasing under right-of-way ...............................................................................................................................................................
Geophysical exploration permit application—Alaska .......................................................................................................................
Renewal of exploration permit—Alaska ...........................................................................................................................................
Geothermal (part 3200):
Noncompetitive lease application .....................................................................................................................................................
Competitive lease application ...........................................................................................................................................................
Assignment and transfer of record title or operating rights .............................................................................................................
Name change, corporate merger or transfer to heir/devisee ...........................................................................................................
Lease consolidation ..........................................................................................................................................................................
Lease reinstatement .........................................................................................................................................................................
Nomination of lands ..........................................................................................................................................................................
plus per acre nomination fee ....................................................................................................................................................
Site license application .....................................................................................................................................................................
Assignment or transfer of site license ..............................................................................................................................................
Coal (parts 3400, 3470):
License to mine application ..............................................................................................................................................................
Exploration license application .........................................................................................................................................................
Lease or lease interest transfer .......................................................................................................................................................
Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500, 3580):
Applications other than those listed below .......................................................................................................................................
Prospecting permit application amendment .....................................................................................................................................
Extension of prospecting permit .......................................................................................................................................................
Lease modification or fringe acreage lease .....................................................................................................................................
Lease renewal ..................................................................................................................................................................................
Assignment, sublease, or transfer of operating rights .....................................................................................................................
Transfer of overriding royalty ...........................................................................................................................................................
Use permit ........................................................................................................................................................................................
Shasta and Trinity hardrock mineral lease ......................................................................................................................................
Renewal of existing sand and gravel lease in Nevada ....................................................................................................................
Public Law 359; Mining in Powersite Withdrawals: General (part 3730):
Notice of protest of placer mining operations ..................................................................................................................................
Mining Law Administration (parts 3800, 3810, 3830, 3860, 3870):
Application to open lands to location ...............................................................................................................................................
Notice of location 1 ............................................................................................................................................................................
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 ....................................................................................
$450
175
100
15
235
495
450
85
450
25
25
450
175
100
235
495
85
125
0.12
65
65
15
370
75
40
75
120
35
580
35
35
35
35
35
15
15
20
15
15
15
120
35
* 3,385
** 1,690
120
75
355
70
1 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.
* (more than 10 claims).
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54641
** (10 or fewer claims).
*
*
*
*
*
Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land
and Minerals Management.
[FR Doc. 2021–21514 Filed 10–1–21; 8:45 am]
BILLING CODE 4310–84–P
NATIONAL TRANSPORTATION
SAFETY BOARD
49 CFR Part 801
[Docket No.: NTSB–2021–0006]
RIN 3147–AA23
Internal Personnel Rules and Practices
of the NTSB
National Transportation Safety
Board (NTSB).
ACTION: Interim final rule; request for
comments.
AGENCY:
The National Transportation
Safety Board (NTSB) is amending its
Internal Personnel Rules and Practices
to reflect that the agency is closing its
‘‘public reference room’’ and will now
make qualifying records electronically
available. Moreover, the agency will
remove an outdated paragraph
describing a particular category of
exempted records under the Freedom of
Information Act (FOIA): internal matters
of a relatively trivial nature that have no
significant public interest, and
predominately internal matters that the
release would risk circumvention of a
statute or agency regulation. The
revisions to the NTSB FOIA regulation
are being issued as an interim final rule
to ensure that an updated regulations is
in place as soon as practicable to
implement the Supreme Court decision.
DATES: This rule is effective on October
4, 2021. The NTSB will accept written
comments on this interim final rule on
or before December 3, 2021.
ADDRESSES: You may send comments,
identified by Docket Number (No.)
NTSB–2021–0006, by any of the
following methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov.
• Email: rulemaking@ntsb.gov.
• Fax: 202–314–6090.
• Mail/Hand Delivery/Courier: NTSB,
Office of General Counsel, 490 L’Enfant
Plaza East SW, Washington, DC 20594.
Instructions: All submissions in
response to this interim final rule must
include Docket No. NTSB–2021–0006.
All comments received will be posted
without change to https://
SUMMARY:
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16:13 Oct 01, 2021
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www.regulations.gov, including any
personal information provided.
Docket: For access to the docket, go to
https://www.regulations.gov and search
Docket No. NTSB–2021–0006.
FOR FURTHER INFORMATION CONTACT:
Kathleen Silbaugh, General Counsel,
(202) 314–6080, rulemaking@ntsb.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Previously, the agency offered its
physical public reading room to allow
for in-person inspection of its Federal
Register publications; however, with the
advent of modern technology, the need
for such a room is obsolete as
documents are electronically available
to the public through regulations.gov
and the agency’s electronic reading
room.
Currently, part 801 provides that the
NTSB will maintain a ‘‘public reference
room’’ in accordance with FOIA and
notes the various records that will be
made available in that room; however,
with fewer visitors and the frequent use
of the public reference room as a
meeting space, the agency is closing its
physical reading room and will make
qualifying records available
electronically. Consequently, the agency
is issuing this interim final rule because
technical amendments are necessary to
remove all references to the ‘‘public
reference room.’’
Further, the agency will amend 49
CFR 801.52, which exempts internal
personnel rules and practices of the
NTSB from public disclosure under 5
U.S.C. 552(b)(2), FOIA’s Exemption 2.
Consistent with that exemption,
§ 801.52(b) pertains to records regarding
internal matters of a relatively trivial
nature that have no significant public
interest, and predominately internal
matters that the release would risk
circumvention of a statute or agency
regulation. However, the Supreme Court
has since held that the exemption
‘‘encompasses only records relating to
issues of employee relations and human
resources.’’ Milner v. Department of the
Navy, 131 S.Ct. 1259 (2011).
Accordingly, the NTSB is issuing an
interim final rule to remove paragraph
(b) from 49 CFR 801.52.
II. Regulatory Analysis
Because the NTSB is an independent
agency, this interim final rule does not
require an assessment of its potential
costs and benefits under section 6(a)(3)
of Executive Order (E.O.) 12866,
Regulatory Planning and Review, 58 FR
51735 (Sept. 30, 1993). In addition, the
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NTSB has considered whether this rule
would have a significant economic
impact on a substantial number of small
entities, under the Regulatory Flexibility
Act (5 U.S.C. 601–612). The NTSB
certifies under 5 U.S.C. 605(b) that this
rule would not have a significant
economic impact on a substantial
number of small entities.
The NTSB does not anticipate this
rule will have a substantial, direct effect
on state or local governments or will
preempt state law; as such, this rule
does not have implications for
federalism under E.O. 13132,
Federalism, 64 FR 43255 (Aug. 4, 1999).
This rule complies with all applicable
standards in sections 3(a) and 3(b)(2) of
E.O. 12988, Civil Justice Reform, 61 FR
4729 (Feb. 5, 1996), to minimize
litigation, eliminate ambiguity, and
reduce burden. The NTSB has evaluated
this rule under: E.O. 12898, Federal
Actions to Address Environmental
Judice in Minority Populations and
Low-Income Populations, 59 FR 7629
(Feb. 16, 1994); E.O. 13045, Protection
of Children from Environmental Health
Risks and Safety Risks, 62 FR 19885
(Apr. 21, 1997); E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, 65 FR
67249 (Nov. 6, 2000); E.O. 13211,
Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use, 66 FR 28355 (May
18, 2001); and the National
Environmental Policy Act, 42 U.S.C.
4321–47. Pursuant to the Paperwork
Reduction Act, the NTSB has
determined that there is no new
requirement for information collection
associated with this interim final rule.
The NTSB has concluded that this
interim final rule neither violates nor
requires further consideration under
those orders, statutes, E.O.s, and acts.
List of Subjects in 49 CFR Part 801
Archives and records, Freedom of
information.
Accordingly, for the reasons stated in
the Preamble, the NTSB amends 49 CFR
part 801 as follows:
PART 801—PUBLIC AVAILABILITY OF
INFORMATION
1. The authority citation for part 801
continues to read as follows:
■
Authority: 49 U.S.C. 1113(f); 5 U.S.C. 552;
18 U.S.C. 641, 2071; 31 U.S.C. 3717, 9701; 44
U.S.C. Chapters 21, 29, 31, and 33.
2. In part 801, revise all references to
‘‘public reference room’’ to read
‘‘electronic reading room’’.
■
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]]>Agencies
[Federal Register Volume 86, Number 189 (Monday, October 4, 2021)]
[Rules and Regulations]
[Pages 54636-54641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21514]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3000
[212L1109AF.LLHQ300000. L13100000.PP0000]
RIN 1004-AE81
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 renewals and mineral patent
adjudications.
DATES: This final rule is effective on October 4, 2021.
ADDRESSES: You may send inquiries or suggestions to Director (630),
Bureau of Land Management, 760 Horizon Drive, Grand Junction, CO 81506;
Attention: RIN 1004-AE81.
FOR FURTHER INFORMATION CONTACT: Sheila Mallory, Acting Chief, Division
of Fluid Minerals, 775-287-3293, [email protected]; Lindsey Curnutt,
Chief, Division of Solid Minerals, 775-824-2910, [email protected]; or
Faith Bremner, Regulatory Analyst, Division of Regulatory Affairs,
[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 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 for inflation 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.
[[Page 54637]]
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 2021) cost recovery fees
for use in FY 2022. The current fees were set by the cost recovery fee
rule published on October 9, 2020 (85 FR 64056), effective October 9,
2020. The update in this final rule adjusts the FY 2021 fees based on
the change in the IPD-GDP from the 4th Quarter of 2019 to the 4th
Quarter of 2020.
Under this final rule, 33 fees will remain the same and 15 fees
will increase. Of the 15 fees that are being increased by this final
rule, 12 fees will increase by $5 each, and one fee will increase by
$10. The largest increase, $45, will be applied to the fee for
adjudicating a mineral patent application containing more than 10
claims, which will increase from $3,340 to $3,385. The fee for
adjudicating a patent application containing 10 or fewer claims will
increase by $20, from $1,670 to $1,690. 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 2020 (FY 2021) cost
recovery fee update rule published on October 9, 2020 (85 FR 64056),
effective October 9, 2020.
\2\ The Existing Value is the figure from the New Value column
in the previous year's rule.
\3\ From 4th Quarter 2019 (112.950) to 4th Quarter 2020
(114.368), the IPD-GDP increased by 1.26 percent. The value in the
IPD-GDP Increase column is 1.26 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 2022 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 IPD-GDP
Fixed cost recovery fees fee \1\ (FY Existing increase New value New fee \5\
2021) value \2\ \3\ \4\ (FY 2022)
----------------------------------------------------------------------------------------------------------------
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150):
Noncompetitive lease application........... $445 $444.321 $5.598 $449.919 $450
Competitive lease application.............. 170 172.431 2.172 174.603 175
Assignment and transfer of record title or 100 99.470 1.253 100.723 100
operating rights..........................
Overriding royalty transfer, payment out of 15 13.260 0.167 13.427 15
production................................
Name change, corporate merger or transfer 230 232.096 2.924 235.020 235
to heir/devisee...........................
Lease consolidation........................ 490 490.726 6.183 496.909 495
Lease renewal or exchange.................. 445 444.321 5.598 449.919 450
Lease reinstatement, Class I............... 85 86.197 1.086 87.283 85
Leasing under right-of-way................. 445 444.321 5.598 449.919 450
Geophysical exploration permit application-- 25 27.142 0.341 27.483 25
Alaska....................................
Renewal of exploration permit--Alaska...... 25 27.142 0.341 27.483 25
Geothermal (part 3200):
Noncompetitive lease application........... 445 444.321 5.598 449.919 450
Competitive lease application.............. 170 172.431 2.172 174.603 175
Assignment and transfer of record title or 100 99.470 1.253 100.723 100
operating right...........................
Name change, corporate merger or transfer 230 232.096 2.924 235.020 235
to heir/devisee...........................
Lease consolidation........................ 490 490.726 6.183 496.909 495
Lease reinstatement........................ 85 86.197 1.086 87.283 85
Nomination of lands........................ 125 124.143 1.564 125.707 125
Plus per acre nomination fee............... 0.12 0.122 0.001 0.123 0.12
Site license application................... 65 66.313 0.835 67.148 65
Assignment or transfer of site license..... 65 66.313 0.835 67.148 65
Coal (parts 3400, 3470):
License to mine application................ 15 13.260 0.167 13.427 15
Exploration license application............ 365 364.735 4.595 369.330 370
Lease or lease interest transfer........... 75 72.960 0.919 73.879 75
Leasing of Solid Minerals Other Than Coal and
Oil Shale (parts 3500, 3580):
Applications other than those listed below. 40 39.792 0.501 40.293 40
Prospecting permit amendment............... 75 72.960 0.919 73.879 75
Extension of prospecting permit............ 120 119.366 1.504 120.870 120
Lease modification or fringe acreage lease. 35 33.168 0.417 33.584 35
Lease renewal.............................. 570 570.323 7.186 577.509 580
Assignment, sublease, or transfer of 35 33.168 0.417 33.585 35
operating rights..........................
Transfer of overriding royalty............. 35 33.168 0.417 33.585 35
Use permit................................. 35 33.168 0.417 33.585 35
Shasta and Trinity hardrock mineral lease.. 35 33.168 0.417 33.585 35
Renewal of existing sand and gravel lease 35 33.168 0.417 33.585 35
in Nevada.................................
Multiple Use; Mining (Group 3700):
Notice of protest of placer mining 15 13.260 0.167 13.427 15
operations................................
[[Page 54638]]
Mining Law Administration (parts 3800, 3810,
3830, 3850, 3860, 3870):
Application to open lands to location...... 15 13.260 0.167 13.427 15
Notice of location......................... 20 19.884 0.250 20.134 20
Amendment of location...................... 15 13.260 0.167 13.427 15
Transfer of mining claim/site.............. 15 13.260 0.167 13.427 15
Recording an annual FLPMA filing........... 15 13.260 0.167 13.427 15
Deferment of assessment work............... 120 119.366 1.504 120.870 120
Recording a notice of intent to locate 35 33.168 0.417 33.585 35
mining claims on Stockraising Homestead
Act lands.................................
Mineral patent adjudication (more than ten 3,340 3,342.351 42.113 3,384.464 3,385
claims)...................................
(ten or fewer claims).................. 1,670 1,671.158 21.056 1,692.214 1,690
Adverse claim.............................. 120 119.366 1.504 120.870 120
Protest.................................... 75 72.960 0.919 73.879 75
Oil Shale Management (parts 3900, 3910, 3930):
Exploration license application............ 350 349.837 4.407 354.244 355
Assignment or sublease of record title or 70 71.159 0.896 72.055 70
overriding royalty........................
----------------------------------------------------------------------------------------------------------------
III. How Fees Are Adjusted
The BLM took the base values (or ``existing values'') upon which it
derived the FY 2021 cost recovery fees (or ``existing fees'') and
multiplied them by the percent change in the IPD-GDP (1.26 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 2022.
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
May 13, 2021, 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 this 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 earlier, 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.). As a result, a Regulatory
Flexibility Analysis is not required. The Small Business Administration
(SBA) 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
15 fees for activities on public lands will be increased. The
adjustments result in no increase in the fees for processing 33 actions
relating to the BLM's minerals programs. The highest adjustment, in
dollar terms, is for adjudications of mineral patent applications
involving
[[Page 54639]]
more than 10 mining claims; that fee will increase by $45. 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 August 31, 2021; \6\
---------------------------------------------------------------------------
\6\ A renewal request for control number 1004-0034 was submitted
to the Office of Management and Budget on May 5, 2021.
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(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, 2023;
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
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:
[[Page 54640]]
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 Fiscal Year (FY) 2022.
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 2022 Processing and Filing Fee Table
------------------------------------------------------------------------
Document/action FY 2022 fee
------------------------------------------------------------------------
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150):
Noncompetitive lease application....................... $450
Competitive lease application.......................... 175
Assignment and transfer of record title or operating 100
rights................................................
Overriding royalty transfer, payment out of production. 15
Name change, corporate merger or transfer to heir/ 235
devisee...............................................
Lease consolidation.................................... 495
Lease renewal or exchange.............................. 450
Lease reinstatement, Class I........................... 85
Leasing under right-of-way............................. 450
Geophysical exploration permit application--Alaska..... 25
Renewal of exploration permit--Alaska.................. 25
Geothermal (part 3200):
Noncompetitive lease application....................... 450
Competitive lease application.......................... 175
Assignment and transfer of record title or operating 100
rights................................................
Name change, corporate merger or transfer to heir/ 235
devisee...............................................
Lease consolidation.................................... 495
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........................ 370
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.......................................... 580
Assignment, sublease, or transfer of operating rights.. 35
Transfer of overriding royalty......................... 35
Use permit............................................. 35
Shasta and Trinity hardrock mineral lease.............. 35
Renewal of existing sand and gravel lease in Nevada.... 35
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, 3860,
3870):
Application to open lands to location.................. 15
Notice of location \1\................................. 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 claims on 35
Stockraising Homestead Act lands......................
Mineral patent adjudication............................ * 3,385
** 1,690
Adverse claim.......................................... 120
Protest................................................ 75
Oil Shale Management (parts 3900, 3910, 3930):
Exploration license application........................ 355
Application for assignment or sublease of record title 70
or overriding royalty.................................
------------------------------------------------------------------------
\1\ 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.
* (more than 10 claims).
[[Page 54641]]
** (10 or fewer claims).
* * * * *
Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land and Minerals Management.
[FR Doc. 2021-21514 Filed 10-1-21; 8:45 am]
BILLING CODE 4310-84-P
