Minerals Management: Adjustment of Cost Recovery Fees, 57637-57643 [2022-20337]
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Federal Register / Vol. 87, No. 182 / Wednesday, September 21, 2022 / Rules and Regulations
57637
TABLE 1 TO PARAGRAPH (c)(27)—CROP GROUP 15–22: CEREAL GRAIN GROUP—Continued
Related crop
subgroups
Commodities
Wheat, shot, Triticum aestivum L. subsp. sphaerococcum (Percival) Mackey ..................................................................................
Wheat, spelt, Triticum aestivum L. subsp. spelta (L.) Thell ................................................................................................................
Wheat, timopheevi, Triticum timopheevii (Zhuk.) Zhuk. subsp. timopheevii .......................................................................................
Wheat, vavilovi, Triticum vavilovii Jakubz. ..........................................................................................................................................
Wheat, wild einkorn, Triticum monococcum L. subsp. aegilopoides (Link) Thell ...............................................................................
Wheat, wild emmer, Triticum turgidum L. subsp. dicoccoides (Ko¨rn. ex Asch. & Graebn.) Thell .....................................................
Wheatgrass, intermediate, Iseilema prostratum (L.) Andersson .........................................................................................................
Wild rice, Zizania palustris L ...............................................................................................................................................................
Wild rice, eastern, Zizania aquatica L .................................................................................................................................................
Cultivars, varieties, and hybrids of these commodities.
(iii) Crop subgroups. The following
table identifies the crop subgroups for
Crop Group 15–22, specifies the
representative commodities for each
15–22A
15–22A
15–22A
15–22A
15–22A
15–22A
15–22A
15–22F
15–22F
subgroup and lists all the commodities
included in each subgroup.
TABLE 2 TO PARAGRAPH (c)(27)—CROP GROUP 15–22: SUBGROUP LISTING
Representative commodities
Commodities
Crop Subgroup 15–22A: Wheat subgroup
Wheat .........................................................
Amaranth, grain; Amaranth, purple; Can˜ihua; Chia; Cram cram; Huauzontle grain; Inca wheat;
Prince’s feather; Psyllium; Psyllium, blond; Quinoa; Rye; Triticale; Wheat; Wheat, club; Wheat,
common; Wheat, durum; Wheat, einkorn; Wheat, emmer; Wheat, macha; Wheat, oriental; Wheat,
Persian; Wheat, Polish; Wheat, poulard; Wheat, shot; Wheat, spelt; Wheat, timopheevi; Wheat,
vavilovi; Wheat, wild einkorn; Wheat, wild emmer; Wheatgrass, intermediate; cultivars, varieties,
and hybrids of these commodities.
Crop Subgroup 15–22B: Barley subgroup
Barley .........................................................
Barley; Buckwheat; Buckwheat, tartary; Canarygrass, annual; Oat; Oat, Abyssinian; Oat, common;
Oat, naked; Oat, sand; cultivars, varieties, and hybrids of these commodities.
Crop Subgroup 15–22C: Field corn subgroup
Field corn ...................................................
Corn, field; Popcorn; Teosinte; cultivars, varieties, and hybrids of these commodities.
Crop Subgroup 15–22D: Sweet corn subgroup
Sweet corn .................................................
Baby corn; Corn, sweet; cultivars, varieties, and hybrids of these commodities.
Crop Subgroup 15–22E: Grain sorghum and millet subgroup
Grain sorghum or Proso millet ..................
Fonio, black; Fonio, white; Grain sorghum; Job’s tears; Millet, barnyard; Millet, finger; Millet, foxtail;
Millet, little; Millet, pearl; Millet, proso; Teff; cultivars, varieties, and hybrids of these commodities.
Crop Subgroup 15–22F: Rice subgroup
Rice ............................................................
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*
Rice; Rice, African; Wild rice; Wild rice, eastern; cultivars, varieties, and hybrids of these commodities.
*
*
*
*
(29) Crop Group 16–22. Forage, Hay,
Stover, and Straw of Cereal Grain
Group.
(i) Representative commodities. Corn,
wheat, and any other cereal grain crop.
(ii) Commodities. Crop Group 16–22
includes the forage, hay, stover and
straw of the commodities in Crop Group
15–22, including cultivars, varieties
and/or hybrids of these commodities.
*
*
*
*
*
[FR Doc. 2022–19022 Filed 9–20–22; 8:45 am]
BILLING CODE 6560–50–P
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3000
[223.LLHQ300000.L13100000.PP0000]
RIN 1004–AE86
Minerals Management: Adjustment of
Cost Recovery Fees
Bureau of Land Management,
Interior.
ACTION: Final rule.
AGENCY:
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This final rule updates the
fees set forth in the Department of the
Interior’s onshore 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, mineral patent adjudications,
and Applications for Permits to Drill
(APDs).
DATES: This final rule is effective on
October 1, 2022.
ADDRESSES: You may send inquiries or
suggestions to Director (630), Bureau of
SUMMARY:
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Federal Register / Vol. 87, No. 182 / Wednesday, September 21, 2022 / Rules and Regulations
Land Management, 1849 C St. NW,
Room 5646, Washington, DC 20240;
Attention: RIN 1004–AE86.
FOR FURTHER INFORMATION CONTACT:
Lonny R. Bagley, Acting Chief, Division
of Fluid Minerals, 307–622–6956,
lbagley@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. Individuals in the United
States who are deaf, deafblind, hard of
hearing, or have a speech disability may
dial 711 (TTY, TDD, or TeleBraille) to
access telecommunications relay
services for contacting Mr. Bagley.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
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I. Background
The Bureau of Land Management
(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 that 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.
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
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effective less than 30 days after
publication. See 43 CFR 3000.10(c).
For the first time, this year’s annual
cost recovery rule includes an inflation
adjustment to the BLM’s APD fee.
Between 2016 and 2020, the BLM
adjusted the APD fee through a series of
annual instruction memoranda. In 2021,
the BLM issued a Federal Register
Notice to increase the APD fee. In an
effort to be more transparent, the BLM
last year adjusted the fee through
publication of a notice in the Federal
Register (86 FR 58095, October 20,
2021). In order to reduce the BLM’s
publication burden and make it easier
for the public to locate the fees, the BLM
is now including the annual APD fee
adjustment in this final rule, along with
the other minerals-program-related fees
that the BLM adjusts each year. The
BLM plans to include the APD
adjustment in its annual minerals cost
recovery final rule going forward.
Section 3021(b) of the National
Defense Authorization Act of 2015 (Pub.
L. 113–291; 30 U.S.C. 191(d)) (the Act)
directs the BLM to collect a fee for each
new APD submitted to the BLM for
fiscal years (FY) 2016 through 2026 and
requires the fee amount to be adjusted
annually for inflation. The Act set the
initial fee amount at $9,500 as of
October 1, 2015, with updated annual
fee amounts to be indexed for United
States dollar inflation from that date as
measured by the Consumer Price Index
(CPI). 30 U.S.C. 191(d)(2). The CPI is
used only for the APD fee inflation
adjustment while the IPD–GDP is used
for all the other fees that are being
adjusted for inflation. Public comment
procedures are unnecessary for this
adjustment as the authorizing statute
does not give the BLM the discretion to
vary the amount of the inflation
adjustment for the APD to reflect any
views or suggestions provided by
commenters.
II. Discussion of Final Rule
As set forth in the 2005 Cost Recovery
Rule, the updates for 48 of the fees
covered by this rule 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.
This final rule updates the current
(FY 2022) cost recovery fees for use in
FY 2023. The current fees were set by
the cost recovery fee rule published on
October 4, 2021 (86 FR 54636), effective
October 4, 2021. The update in this final
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rule adjusts the FY 2022 fees based on
the change in the IPD–GDP from the 4th
Quarter of 2020 to the 4th Quarter of
2021.
As required by the Act, the BLM is
updating the APD fee based on the
percentage change in the U.S. Bureau of
Labor Statistics’ Consumer Price Index
for all goods and all urban consumers
(CPI–U). Between 2016 and 2021, the
BLM adjusted the APD fee based on
CPI–U data from August of the previous
calendar year to August of the current
calendar year. This year, in order to
accommodate the publishing schedule
of this final rule, the BLM is adjusting
the APD fee based on CPI–U data from
August 2021 to June 2022. In future
years, the APD fee adjustment will be
based on data from June of the previous
calendar year to June of the current
calendar year. This change will allow
the BLM to publish its annual cost
recovery rule, which will include the
APD fee increase, in time to start
collecting the adjusted fee at the start of
each fiscal year.
Under this final rule, 15 fees will
remain the same and 33 fees will
increase. The filing fees are not adjusted
if the change is less than $5. For
example, if inflation adjusted a fee from
$14.10 to $17.24, the filing fee would
remain at $15. Of the 33 fees that are
being increased by this final rule, 13
fees will increase by $5 each, and six
fees will increase by $10. Two fees will
increase by $15, two fees by $20, three
fees by $25, and three fees by $30. The
largest increase, $905, will be applied to
the APD fee, which will increase from
$10,900 to $11,805. The fee for
adjudicating a patent application
containing more than 10 claims will
increase by $200—from $3,385 to
$3,585. The fee for adjudicating a patent
application containing 10 or fewer
claims will increase by $100. The
smallest increase—1 cent—will be
added to the per-acre cost of nominating
lands for geothermal leasing, which will
rise from 12 cents per acre to 13 cents
per acre. 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:
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Existing
fee 1
(FY 2022)
Fixed cost recovery fees
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150):
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 ..................................
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 ............
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Oil and Gas Operations/Production (parts 3160, 3170):
Application for Permit to Drill ............................................................
Existing
value 2
IPD–GDP
increase 3
New value 4
57639
New fee 5
(FY 2023)
$175
100
15
235
495
450
85
450
25
25
$174.603
100.723
13.427
235.020
496.909
449.919
87.283
449.919
27.483
27.483
$10.301
5.942
0.792
13.866
29.317
26.545
5.149
26.545
1.621
1.621
$184.904
106.665
14.219
248.886
526.226
476.464
92.432
476.464
29.104
29.104
$185
105
15
250
525
475
90
475
30
30
450
175
100
235
495
85
125
0.12
65
65
449.919
174.603
100.723
235.020
496.909
87.283
125.707
0.123
67.148
67.148
26.545
10.301
5.942
13.866
29.317
5.149
7.416
0.007
3.961
3.961
476.464
184.904
106.665
248.886
526.226
92.432
133.123
0.130
71.109
71.109
475
185
105
250
525
90
135
0.13
70
70
15
370
75
13.427
369.330
73.879
0.792
21.790
4.358
14.219
391.120
78.237
15
390
80
40
75
120
35
580
35
35
35
35
35
40.293
73.879
120.870
33.584
577.509
33.585
33.585
33.585
33.585
33.585
2.377
4.358
7.131
1.981
34.073
1.981
1.981
1.981
1.981
1.981
42.670
78.237
128.001
35.565
611.582
35.566
35.566
35.566
35.566
35.566
45
80
130
35
610
35
35
35
35
35
15
13.427
0.792
14.219
15
15
20
15
15
15
120
13.427
20.134
13.427
13.427
13.427
120.870
0.792
1.187
0.792
0.792
0.792
7.131
14.219
21.321
14.219
14.219
14.219
128.001
15
20
15
15
15
130
35
3,385
1,690
120
75
....................
355
70
33.585
3,384.464
1,692.214
120.870
73.879
....................
354.244
72.055
1.981
199.683
99.840
7.131
4.358
....................
20.900
4.251
35.566
3,584.147
1,792.054
128.001
78.237
....................
375.144
76.306
35
3,585
1,790
130
80
....................
375
75
Existing fee
(FY 2022) 6
Existing
value 7
CPI–U increase 8
New value 9
New fee
(FY 2023) 10
11,805.790
11,805
10,900
10,900.000
905.790
1 The Existing Fee was established by the 2021 (FY 2022) cost recovery fee update rule published on October 4, 2021 (86 FR 54636), effective October 4, 2021.
2 The Existing Value is the figure from the New Value column in the previous year’s rule.
3 From 4th Quarter 2020 (114.438) to 4th Quarter 2021 (121.188), the IPD–GDP increased by 5.9 percent. The value in the IPD–GDP Increase column is 5.9 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 2023 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.
6 The Existing Fee was established via a notice published in the FEDERAL REGISTER on October 20, 2021 (87 FR 58095), effective October 20,
2021.
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7 The existing value is the adjusted CPI–U for August 2020 to August 2021. The statute requires that the APD calculation be based on CPI–U
and in the past was calculated August to August. This year, it is calculated on an August to June timeframe. It will be calculated June to June in
upcoming years.
8 From August 2021 to June 2022, the adjusted CPI–U increased by 8.31%.
9 The sum of the ‘‘Existing Value’’ and the ‘‘CPI–U Increase’’ is the ‘‘New Value.’’
10 The new APD fee for FY 2023 is the ‘‘New Value’’ rounded to the nearest $10.
III. How Fees Are Adjusted
The BLM took the base values (or
‘‘existing values’’) upon which it
derived the FY 2022 cost recovery fees
(or ‘‘existing fees’’) and multiplied them
by the percent change in the IPD–GDP
(5.9 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
2023.
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 14, 2022, 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.
The updated APD fee amount reflects
an adjustment to the current fee of
$10,900 based on the percentage change
in the CPI–U from the end of August
2021 to the end of June 2022. The CPI–
U for June 2022 is 8.3 percent higher
than the CPI–U for August 2021.
Increasing the 2022 fee of $10,900 by 8.3
percent and rounding the product to the
nearest $10 produces a 2023 fee of
$11,805.
The source for CPI–U data is the BLS,
U.S. Bureau of Labor Statistics,
Consumer Price Index for All Urban
Consumers: All Items in U.S. City
Average [CPIAUCSL], retrieved from
FRED, Federal Reserve Bank of St.
Louis; https://fred.stlouisfed.org/series/
CPIAUCSL, accessed on July 14, 2022.
IV. Procedural Matters
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Regulatory Planning and Review
(Executive Order 12866)
This document is not a significant
rule, and the Office of Management and
Budget has not reviewed this 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
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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.
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 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
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• 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 33 fees
for activities on public lands will be
increased. The adjustments result in no
increase in the fees for processing 15
actions relating to the BLM’s minerals
programs. The highest adjustment, in
dollar terms, is for the APD fee. That fee
will increase by $905, from $10,900 to
$11,805. 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. That analysis
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 APD fee increase is mandated by
Section 3021(b) of the National Defense
Authorization Act of 2015 (Pub. L. 113–
291; 30 U.S.C. 191(d)) (the Act). The Act
directs the BLM to collect a fee for each
new APD submitted to the BLM for
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fiscal years (FY) 2016 through 2026 and
requires the fee amount to be adjusted
for inflation.
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 nonhour burdens associated with the
following control numbers:
Oil and Gas
(1) 1004–0034, which expires
September 30, 2024;
(2) 1004–0137, which expires January
31, 2025;
(3) 1004–0162, which expires
December 31, 2024;
(4) 1004–0185, which expired
December 31, 2021; 11
Geothermal
khammond on DSKJM1Z7X2PROD with RULES
(5) 1004–0132, which expires July 31,
2023;
Coal
(6) 1004–0073, which expires April
30, 2023;
11 A renewal request for control number 1004–
0185 was submitted to the Office of Management
and Budget on November 22, 2021.
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Mining Claims
(7) 1004–0025, which expires July 31,
2025;
(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.
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57641
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 use 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
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 Fiscal Year
(FY) 2023. These fees are nonrefundable
and must be included with documents
filed under this chapter. Fees will be
adjusted annually according to the
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Federal Register / Vol. 87, No. 182 / Wednesday, September 21, 2022 / Rules and Regulations
change in the Implicit Price Deflator for
Gross Domestic Product (IPD–GDP) and
the change in the Consumer Price Index
for all goods and all urban consumers
(CPI–U) 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 2023 PROCESSING AND FILING FEE TABLE
Document/action
FY 2023 fee
khammond on DSKJM1Z7X2PROD with RULES
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150):
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 * ..................................................................................................................................................
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 ..........................................................
Onshore Oil and Gas Operations and Production (parts 3160, 3170):
Application for Permit to Drill ..................................................................................................................................
$185.
105.
15.
250.
525.
475.
90.
475.
30.
30.
475.
185.
105.
250.
525.
90.
135.
0.13.
70.
70.
15.
390.
80.
45.
80.
130.
35.
610.
35.
35.
35.
35.
35.
15.
15.
20.
15.
15.
15.
130.
35.
3,585 (more than 10
claims).
1,790 (10 or fewer claims).
130.
80.
375.
75.
11,805.
* 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.
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Federal Register / Vol. 87, No. 182 / Wednesday, September 21, 2022 / Rules and Regulations
*
*
*
*
*
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
Nicole Ongele, Federal Communications
Commission, 45 L Street NE,
Washington, DC 20554. Please include
the OMB Control Number, 3060–0986,
in your correspondence. The
Commission will also accept your
comments via email at PRA@fcc.gov.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to fcc504@
fcc.gov or call the Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
In this document, the Federal
Communications Commission
(Commission) announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, an
information collection associated with
the rules for the Secure and Trusted
Communications Networks Act of 2019
contained in the Commission’s
Protecting Against National Security
Threats to the Communications Supply
Chain Through FCC Programs Order,
FCC 20–176. This document is
consistent with the Protecting Against
National Security Threats to the
Communications Supply Chain Through
FCC Programs Order, which stated that
the Commission would publish a
document in the Federal Register
announcing the effective date of the new
information collection requirements.
DATES: The addition of § 54.11
published at 86 FR 2904, January 13,
2021, is effective September 21, 2022.
FOR FURTHER INFORMATION CONTACT:
Jesse Jachman, Wireline Competition
Bureau at (202) 418–7400 or TTY (202)
418–0484. For additional information
concerning the Paperwork Reduction
Act information collection requirements
contact Nicole Ongele at (202) 418–2991
or via email: Nicole.Ongele@fcc.gov.
SUPPLEMENTARY INFORMATION: The
Commission submitted revised
information collection requirements for
review and approval by OMB, as
required by the Paperwork Reduction
Act (PRA) of 1995, on June 1, 2022,
which were approved by OMB on July
5, 2022. The information collection
requirements are contained in the
Commission’s Protecting Against
National Security Threats to the
Communications Supply Chain Through
FCC Programs Order, FCC 20–176
published at 86 FR 2904, January 13,
2021. The OMB Control Number is
3060–0986. If you have any comments
on the burden estimates listed in the
following, or how the Commission can
improve the collections and reduce any
burdens caused thereby, please contact
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the Commission is notifying the public
that it received OMB approval on July
5, 2022, for the information collection
requirements contained in 47 CFR 54.11
published at 86 FR 2904, January 13,
2021. Under 5 CFR part 1320, an agency
may not conduct or sponsor a collection
of information unless it displays a
current, valid OMB Control Number.
No person shall be subject to any
penalty for failing to comply with a
collection of information subject to the
Paperwork Reduction Act that does not
display a current, valid OMB Control
Number. The OMB Control Number is
3060–0986.
The foregoing notice is required by
the Paperwork Reduction Act of 1995,
Public Law 104–13, October 1, 1995,
and 44 U.S.C. 3507.
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control Number: 3060–0986.
OMB Approval Date: July 5, 2022.
OMB Expiration Date: July 31, 2025.
Title: High-Cost Universal Service
Support.
Form Number: FCC Form 481 and
FCC Form 525.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit, Not-for-profit institutions and
State, Local or Tribal Government.
Number of Respondents and
Responses: 2,229 respondents; 13,804
responses.
Estimated Time per Response: 0.1–15
hours.
Frequency of Response: On occasion,
quarterly and annual reporting
requirements, recordkeeping
requirement and third party disclosure
requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this information collection
is contained in 47 U.S.C. 151–154, 155,
201–206, 214, 218–220, 251, 252, 254,
FEDERAL COMMUNICATIONS
COMMISSION
Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land
and Minerals Management.
47 CFR Part 54
[WC Docket No. 18–89; FCC 20–176; FR
ID 104232]
[FR Doc. 2022–20337 Filed 9–20–22; 8:45 am]
BILLING CODE 4310–84–P
Protecting National Security Threats to
the Communications Supply Chain
Through FCC Programs
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
45 CFR Part 2507
RIN 3045–AA59
Corporation for National and
Community Service.
AGENCY:
ACTION:
Final rule; correction.
The Corporation for National
and Community Service (operating as
AmeriCorps) is correcting a final rule
that appeared in the Federal Register on
September 9, 2022. The document
finalized updates to AmeriCorps
regulations for processing requests for
records under the Freedom of
Information Act (FOIA) to reflect
changes made in the FOIA Improvement
Act of 2016 and to make the regulations
more user friendly through plain
language.
SUMMARY:
DATES:
Effective October 11, 2022.
FOR FURTHER INFORMATION CONTACT:
Stephanie Soper, AmeriCorps FOIA
Officer, at 202–606–6747 or ssoper@
cns.gov.
In FR Doc.
2022–19185 appearing on page 55305 in
the Federal Register of Friday,
September 9, 2022, the following
correction is made:
SUPPLEMENTARY INFORMATION:
§ 2507.14
[Corrected]
1. On page 55314, in the second
column, in § 2507.14, the second
paragraph (f) is redesignated as
paragraph (g).
■
khammond on DSKJM1Z7X2PROD with RULES
Fernando Laguarda,
General Counsel.
[FR Doc. 2022–20387 Filed 9–20–22; 8:45 am]
BILLING CODE 6050–28–P
VerDate Sep<11>2014
16:33 Sep 20, 2022
AGENCY:
SUMMARY:
Procedures for Disclosure of Records
Under the Freedom of Information Act;
Correction
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]]>Agencies
[Federal Register Volume 87, Number 182 (Wednesday, September 21, 2022)]
[Rules and Regulations]
[Pages 57637-57643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20337]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3000
[223.LLHQ300000.L13100000.PP0000]
RIN 1004-AE86
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 Department
of the Interior's onshore 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, mineral patent
adjudications, and Applications for Permits to Drill (APDs).
DATES: This final rule is effective on October 1, 2022.
ADDRESSES: You may send inquiries or suggestions to Director (630),
Bureau of
[[Page 57638]]
Land Management, 1849 C St. NW, Room 5646, Washington, DC 20240;
Attention: RIN 1004-AE86.
FOR FURTHER INFORMATION CONTACT: Lonny R. Bagley, Acting Chief,
Division of Fluid Minerals, 307-622-6956, [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]. Individuals in the United States
who are deaf, deafblind, hard of hearing, or have a speech disability
may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications
relay services for contacting Mr. Bagley. Individuals outside the
United States should use the relay services offered within their
country to make international calls to the point-of-contact in the
United States.
SUPPLEMENTARY INFORMATION:
I. Background
The Bureau of Land Management (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 that 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.
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).
For the first time, this year's annual cost recovery rule includes
an inflation adjustment to the BLM's APD fee. Between 2016 and 2020,
the BLM adjusted the APD fee through a series of annual instruction
memoranda. In 2021, the BLM issued a Federal Register Notice to
increase the APD fee. In an effort to be more transparent, the BLM last
year adjusted the fee through publication of a notice in the Federal
Register (86 FR 58095, October 20, 2021). In order to reduce the BLM's
publication burden and make it easier for the public to locate the
fees, the BLM is now including the annual APD fee adjustment in this
final rule, along with the other minerals-program-related fees that the
BLM adjusts each year. The BLM plans to include the APD adjustment in
its annual minerals cost recovery final rule going forward.
Section 3021(b) of the National Defense Authorization Act of 2015
(Pub. L. 113-291; 30 U.S.C. 191(d)) (the Act) directs the BLM to
collect a fee for each new APD submitted to the BLM for fiscal years
(FY) 2016 through 2026 and requires the fee amount to be adjusted
annually for inflation. The Act set the initial fee amount at $9,500 as
of October 1, 2015, with updated annual fee amounts to be indexed for
United States dollar inflation from that date as measured by the
Consumer Price Index (CPI). 30 U.S.C. 191(d)(2). The CPI is used only
for the APD fee inflation adjustment while the IPD-GDP is used for all
the other fees that are being adjusted for inflation. Public comment
procedures are unnecessary for this adjustment as the authorizing
statute does not give the BLM the discretion to vary the amount of the
inflation adjustment for the APD to reflect any views or suggestions
provided by commenters.
II. Discussion of Final Rule
As set forth in the 2005 Cost Recovery Rule, the updates for 48 of
the fees covered by this rule 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.
This final rule updates the current (FY 2022) cost recovery fees
for use in FY 2023. The current fees were set by the cost recovery fee
rule published on October 4, 2021 (86 FR 54636), effective October 4,
2021. The update in this final rule adjusts the FY 2022 fees based on
the change in the IPD-GDP from the 4th Quarter of 2020 to the 4th
Quarter of 2021.
As required by the Act, the BLM is updating the APD fee based on
the percentage change in the U.S. Bureau of Labor Statistics' Consumer
Price Index for all goods and all urban consumers (CPI-U). Between 2016
and 2021, the BLM adjusted the APD fee based on CPI-U data from August
of the previous calendar year to August of the current calendar year.
This year, in order to accommodate the publishing schedule of this
final rule, the BLM is adjusting the APD fee based on CPI-U data from
August 2021 to June 2022. In future years, the APD fee adjustment will
be based on data from June of the previous calendar year to June of the
current calendar year. This change will allow the BLM to publish its
annual cost recovery rule, which will include the APD fee increase, in
time to start collecting the adjusted fee at the start of each fiscal
year.
Under this final rule, 15 fees will remain the same and 33 fees
will increase. The filing fees are not adjusted if the change is less
than $5. For example, if inflation adjusted a fee from $14.10 to
$17.24, the filing fee would remain at $15. Of the 33 fees that are
being increased by this final rule, 13 fees will increase by $5 each,
and six fees will increase by $10. Two fees will increase by $15, two
fees by $20, three fees by $25, and three fees by $30. The largest
increase, $905, will be applied to the APD fee, which will increase
from $10,900 to $11,805. The fee for adjudicating a patent application
containing more than 10 claims will increase by $200--from $3,385 to
$3,585. The fee for adjudicating a patent application containing 10 or
fewer claims will increase by $100. The smallest increase--1 cent--will
be added to the per-acre cost of nominating lands for geothermal
leasing, which will rise from 12 cents per acre to 13 cents per acre.
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:
[[Page 57639]]
----------------------------------------------------------------------------------------------------------------
Existing IPD-GDP
Fixed cost recovery fees fee \1\ Existing increase New value New fee \5\
(FY 2022) value \2\ \3\ \4\ (FY 2023)
----------------------------------------------------------------------------------------------------------------
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150):
Competitive lease application.............. $175 $174.603 $10.301 $184.904 $185
Assignment and transfer of record title or 100 100.723 5.942 106.665 105
operating rights..........................
Overriding royalty transfer, payment out of 15 13.427 0.792 14.219 15
production................................
Name change, corporate merger or transfer 235 235.020 13.866 248.886 250
to heir/devisee...........................
Lease consolidation........................ 495 496.909 29.317 526.226 525
Lease renewal or exchange.................. 450 449.919 26.545 476.464 475
Lease reinstatement, Class I............... 85 87.283 5.149 92.432 90
Leasing under right-of-way................. 450 449.919 26.545 476.464 475
Geophysical exploration permit application-- 25 27.483 1.621 29.104 30
Alaska....................................
Renewal of exploration permit--Alaska...... 25 27.483 1.621 29.104 30
Geothermal (part 3200):
Noncompetitive lease application........... 450 449.919 26.545 476.464 475
Competitive lease application.............. 175 174.603 10.301 184.904 185
Assignment and transfer of record title or 100 100.723 5.942 106.665 105
operating right...........................
Name change, corporate merger or transfer 235 235.020 13.866 248.886 250
to heir/devisee...........................
Lease consolidation........................ 495 496.909 29.317 526.226 525
Lease reinstatement........................ 85 87.283 5.149 92.432 90
Nomination of lands........................ 125 125.707 7.416 133.123 135
Plus per acre nomination fee............... 0.12 0.123 0.007 0.130 0.13
Site license application................... 65 67.148 3.961 71.109 70
Assignment or transfer of site license..... 65 67.148 3.961 71.109 70
Coal (parts 3400, 3470):
License to mine application................ 15 13.427 0.792 14.219 15
Exploration license application............ 370 369.330 21.790 391.120 390
Lease or lease interest transfer........... 75 73.879 4.358 78.237 80
Leasing of Solid Minerals Other Than Coal and
Oil Shale (parts 3500, 3580):
Applications other than those listed below. 40 40.293 2.377 42.670 45
Prospecting permit amendment............... 75 73.879 4.358 78.237 80
Extension of prospecting permit............ 120 120.870 7.131 128.001 130
Lease modification or fringe acreage lease. 35 33.584 1.981 35.565 35
Lease renewal.............................. 580 577.509 34.073 611.582 610
Assignment, sublease, or transfer of 35 33.585 1.981 35.566 35
operating rights..........................
Transfer of overriding royalty............. 35 33.585 1.981 35.566 35
Use permit................................. 35 33.585 1.981 35.566 35
Shasta and Trinity hardrock mineral lease.. 35 33.585 1.981 35.566 35
Renewal of existing sand and gravel lease 35 33.585 1.981 35.566 35
in Nevada.................................
Multiple Use; Mining (Group 3700):
Notice of protest of placer mining 15 13.427 0.792 14.219 15
operations................................
Mining Law Administration (parts 3800, 3810,
3830, 3850, 3860, 3870):
Application to open lands to location...... 15 13.427 0.792 14.219 15
Notice of location......................... 20 20.134 1.187 21.321 20
Amendment of location...................... 15 13.427 0.792 14.219 15
Transfer of mining claim/site.............. 15 13.427 0.792 14.219 15
Recording an annual FLPMA filing........... 15 13.427 0.792 14.219 15
Deferment of assessment work............... 120 120.870 7.131 128.001 130
Recording a notice of intent to locate 35 33.585 1.981 35.566 35
mining claims on Stockraising Homestead
Act lands.................................
1Mineral patent adjudication (more than ten 3,385 3,384.464 199.683 3,584.147 3,585
claims)...................................
(ten or fewer claims).................. 1,690 1,692.214 99.840 1,792.054 1,790
Adverse claim.............................. 120 120.870 7.131 128.001 130
Protest.................................... 75 73.879 4.358 78.237 80
Oil Shale Management (parts 3900, 3910, 3930): ........... ........... ........... ........... ...........
Exploration license application............ 355 354.244 20.900 375.144 375
Assignment or sublease of record title or 70 72.055 4.251 76.306 75
overriding royalty........................
----------------------------------------------------------------------------------------------------------------
Existing Existing CPI-U New value New fee (FY
fee (FY value \7\ increase \9\ 2023) \10\
2022) \6\ \8\
----------------------------------------------------------------------------------------------------------------
Oil and Gas Operations/Production (parts 3160,
3170):
Application for Permit to Drill............ 10,900 10,900.000 905.790 11,805.790 11,805
----------------------------------------------------------------------------------------------------------------
\1\ The Existing Fee was established by the 2021 (FY 2022) cost recovery fee update rule published on October 4,
2021 (86 FR 54636), effective October 4, 2021.
\2\ The Existing Value is the figure from the New Value column in the previous year's rule.
\3\ From 4th Quarter 2020 (114.438) to 4th Quarter 2021 (121.188), the IPD-GDP increased by 5.9 percent. The
value in the IPD-GDP Increase column is 5.9 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 2023 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.
\6\ The Existing Fee was established via a notice published in the Federal Register on October 20, 2021 (87 FR
58095), effective October 20, 2021.
[[Page 57640]]
\7\ The existing value is the adjusted CPI-U for August 2020 to August 2021. The statute requires that the APD
calculation be based on CPI-U and in the past was calculated August to August. This year, it is calculated on
an August to June timeframe. It will be calculated June to June in upcoming years.
\8\ From August 2021 to June 2022, the adjusted CPI-U increased by 8.31%.
\9\ The sum of the ``Existing Value'' and the ``CPI-U Increase'' is the ``New Value.''
\10\ The new APD fee for FY 2023 is the ``New Value'' rounded to the nearest $10.
III. How Fees Are Adjusted
The BLM took the base values (or ``existing values'') upon which it
derived the FY 2022 cost recovery fees (or ``existing fees'') and
multiplied them by the percent change in the IPD-GDP (5.9 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 2023.
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 14, 2022, 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.
The updated APD fee amount reflects an adjustment to the current
fee of $10,900 based on the percentage change in the CPI-U from the end
of August 2021 to the end of June 2022. The CPI-U for June 2022 is 8.3
percent higher than the CPI-U for August 2021. Increasing the 2022 fee
of $10,900 by 8.3 percent and rounding the product to the nearest $10
produces a 2023 fee of $11,805.
The source for CPI-U data is the BLS, U.S. Bureau of Labor
Statistics, Consumer Price Index for All Urban Consumers: All Items in
U.S. City Average [CPIAUCSL], retrieved from FRED, Federal Reserve Bank
of St. Louis; https://fred.stlouisfed.org/series/CPIAUCSL, accessed on
July 14, 2022.
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.
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
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
33 fees for activities on public lands will be increased. The
adjustments result in no increase in the fees for processing 15 actions
relating to the BLM's minerals programs. The highest adjustment, in
dollar terms, is for the APD fee. That fee will increase by $905, from
$10,900 to $11,805. 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. That analysis 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 APD fee increase is mandated by Section 3021(b) of the National
Defense Authorization Act of 2015 (Pub. L. 113-291; 30 U.S.C. 191(d))
(the Act). The Act directs the BLM to collect a fee for each new APD
submitted to the BLM for
[[Page 57641]]
fiscal years (FY) 2016 through 2026 and requires the fee amount to be
adjusted for inflation.
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 September 30, 2024;
(2) 1004-0137, which expires January 31, 2025;
(3) 1004-0162, which expires December 31, 2024;
(4) 1004-0185, which expired December 31, 2021; \11\
---------------------------------------------------------------------------
\11\ A renewal request for control number 1004-0185 was
submitted to the Office of Management and Budget on November 22,
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 July 31, 2025;
(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 use
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 Fiscal Year (FY) 2023.
These fees are nonrefundable and must be included with documents filed
under this chapter. Fees will be adjusted annually according to the
[[Page 57642]]
change in the Implicit Price Deflator for Gross Domestic Product (IPD-
GDP) and the change in the Consumer Price Index for all goods and all
urban consumers (CPI-U) 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 2023 Processing and Filing Fee Table
------------------------------------------------------------------------
Document/action FY 2023 fee
------------------------------------------------------------------------
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150):
Competitive lease application............... $185.
Assignment and transfer of record title or 105.
operating rights.
Overriding royalty transfer, payment out of 15.
production.
Name change, corporate merger or transfer to 250.
heir/devisee.
Lease consolidation......................... 525.
Lease renewal or exchange................... 475.
Lease reinstatement, Class I................ 90.
Leasing under right-of-way.................. 475.
Geophysical exploration permit application-- 30.
Alaska.
Renewal of exploration permit--Alaska....... 30.
Geothermal (part 3200):
Noncompetitive lease application............ 475.
Competitive lease application............... 185.
Assignment and transfer of record title or 105.
operating rights.
Name change, corporate merger or transfer to 250.
heir/devisee.
Lease consolidation......................... 525.
Lease reinstatement......................... 90.
Nomination of lands......................... 135.
plus per acre nomination fee................ 0.13.
Site license application.................... 70.
Assignment or transfer of site license...... 70.
Coal (parts 3400, 3470):
License to mine application................. 15.
Exploration license application............. 390.
Lease or lease interest transfer............ 80.
Leasing of Solid Minerals Other Than Coal and
Oil Shale (parts 3500, 3580):
Applications other than those listed below.. 45.
Prospecting permit application amendment.... 80.
Extension of prospecting permit............. 130.
Lease modification or fringe acreage lease.. 35.
Lease renewal............................... 610.
Assignment, sublease, or transfer of 35.
operating rights.
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 15.
operations.
Mining Law Administration (parts 3800, 3810,
3830, 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................ 130.
Recording a notice of intent to locate 35.
mining claims on Stockraising Homestead Act
lands.
Mineral patent adjudication................. 3,585 (more than 10
claims).
1,790 (10 or fewer
claims).
Adverse claim............................... 130.
Protest..................................... 80.
Oil Shale Management (parts 3900, 3910, 3930):
Exploration license application............. 375.
Application for assignment or sublease of 75.
record title or overriding royalty.
Onshore Oil and Gas Operations and Production
(parts 3160, 3170):
Application for Permit to Drill............. 11,805.
------------------------------------------------------------------------
* 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.
[[Page 57643]]
* * * * *
Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land and Minerals Management.
[FR Doc. 2022-20337 Filed 9-20-22; 8:45 am]
BILLING CODE 4310-84-P
