Minerals Management: Adjustment of Cost Recovery Fees, 66695-66700 [2023-21191]
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Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3000
[BLM_HQ_FRN_MO4500172991]
RIN 1004–AE97
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 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).
SUMMARY:
This final rule is effective on
October 1, 2023.
ADDRESSES: You may send inquiries or
suggestions to Director (630), Bureau of
Land Management, 1849 C St. NW,
Room 5646, Washington, DC 20240;
Attention: RIN 1004–AE97.
FOR FURTHER INFORMATION CONTACT:
Yvette M. Fields, Chief, Division of
Fluid Minerals, 240–712–8358, yfields@
blm.gov; Rebecca Good, Acting Chief,
Division of Solid Minerals, 307–251–
3487, rgood@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.
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:
DATES:
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I. Background
Federal agencies are authorized to
charge processing costs by the
Independent Offices Appropriation Act
of 1952, 31 U.S.C. 9701. The Bureau of
Land Management (BLM) also has
specific authority to charge fees for
processing applications and other
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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 58853) that established new
fees or revised fees and service charges
for processing documents related to its
minerals programs (‘‘2005 Cost
Recovery Rule’’). 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 48 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.
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.
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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66695
effective less than 30 days after
publication since periodic fee
adjustments may be made in a final rule
without opportunity for notice and
comment. See 43 CFR 3000.10(c).
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 2023) cost recovery fees for use in
FY 2024. The current fees were set by
the cost recovery fee rule published on
September 21, 2022 (87 FR 57637),
effective October 1, 2022. The update in
this final rule adjusts 48 of the FY 2023
fees based on the change in the IPD–
GDP from the 4th Quarter of 2021 to the
4th Quarter of 2022. The APD fee
adjustment is based on the percentage
change in the U.S. Bureau of Labor
Statistics’ CPI for all goods and all urban
consumers (CPI–U) from June 2022 to
June 2023.
Under this final rule, 10 fees will
remain the same and 38 fees will
increase. Except for the per-acre cost for
nominating lands for geothermal
development, which is less than $1, the
filing fees are not adjusted if the change
is less than $5. For example, if inflation
adjusted a fee from $15 to $17.24, the
filing fee would remain at $15.
Of the 38 fees that are being increased
by this final rule, 18 fees will increase
by $5, six fees will increase by $10, two
fees will increase by $15, two fees will
increase by $25, three fees will increase
by $30, two fees will increase by $35,
and one fee will increase by $40. The
largest increase, $350, will be applied to
the APD fee, which will increase from
$11,805 to $12,155. The fee for
adjudicating a patent application
containing more than 10 claims will
increase by $230—from $3,585 to
$3,815. The fee for adjudicating a patent
application containing 10 or fewer
claims will increase by $115—from
$1,790 to $1,905. The smallest
increase—1 cent—will be added to the
per-acre cost of nominating lands for
geothermal leasing, which will rise from
13 cents per acre to 14 cents per acre.
To see the specific fee increases, please
refer to the table below.
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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.
Existing
fee 1
(FY 2023)
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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 ............
1 The Existing Fee was established by the 2022
(FY 2023) cost recovery fee update rule published
on September 21, 2022 (87 FR 57637), effective
October 1, 2022.
2 The Existing Value is the figure from the New
Value column in the previous year’s rule.
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The calculations that resulted in the
new fees are included in the following
table:
Existing
value 2
Frm 00020
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New value 4
New fee 5
(FY 2024)
$185
105
15
250
525
475
90
475
30
30
$184.904
106.665
14.219
248.886
526.226
476.464
92.432
476.464
29.104
29.104
$11.852
6.837
0.911
15.953
33.731
30.541
5.924
30.541
1.865
1.865
$196.756
113.502
15.130
264.839
559.957
507.005
98.356
507.005
30.969
30.969
$195
115
15
265
560
505
100
505
30
30
475
185
105
250
525
90
135
0.13
70
70
476.464
184.904
106.665
248.886
526.226
92.432
133.123
0.130
71.109
71.109
30.541
11.852
6.837
15.953
33.731
5.924
8.533
0.008
4.558
4.558
507.005
196.756
113.502
264.839
559.957
98.356
141.656
0.138
75.667
75.667
505
195
115
265
560
100
140
0.14
75
75
15
390
80
14.219
391.120
78.237
0.911
25.070
5.014
15.130
416.190
83.251
15
415
85
45
80
130
35
610
35
35
35
35
35
42.670
78.237
128.001
35.565
611.582
35.566
35.566
35.566
35.566
35.566
2.735
5.014
8.204
2.279
39.202
2.279
2.279
2.279
2.279
2.279
45.405
83.251
136.205
37.844
650.784
37.845
37.845
37.845
37.845
37.845
45
85
135
40
650
40
40
40
40
40
15
14.219
0.911
15.130
15
15
20
15
15
15
130
14.219
21.321
14.219
14.219
14.219
128.001
0.911
1.366
0.911
0.911
0.911
8.204
15.130
22.687
15.130
15.130
15.130
136.205
15
25
15
15
15
135
35
3,585
1,790
130
80
35.566
3,584.147
1,792.054
128.001
78.237
2.279
229.743
114.870
8.204
5.014
37.845
3,813.890
1,906.924
136.205
83.251
40
3,815
1,905
135
85
375
75
375.144
76.306
24.046
4.891
399.190
81.197
400
80
3 From 4th Quarter 2021 (121.7) to 4th Quarter
2022 (129.5), the IPD-GDP increased by 6.41
percent. The value in the IPD-GDP Increase column
is 6.41 percent of the ‘‘Existing Value.’’
4 The sum of the ‘‘Existing Value’’ and the ‘‘IPDGDP Increase’’ is the ‘‘New Value.’’
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IPD-GDP
increase 3
Sfmt 4700
5 The ‘‘New Fee’’ for FY 2024 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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Existing
fee
(FY 2023) 6
Fixed cost recovery fees
Oil and Gas Operations/Production (parts 3160, 3170):
Application for Permit to Drill ............................................................
III. How Fees Are Adjusted
The BLM took the base values (or
‘‘existing values’’) upon which it
derived the FY 2023 cost recovery fees
(or ‘‘existing fees’’) and multiplied them
by the percent change in the IPD-GDP
(6.41 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
2024.
The source for IPD–GDP data is the
U.S. Department of Commerce, Bureau
of Economic Analysis website,
specifically, ‘‘Table 1.1.9. Implicit Price
Deflators for Gross Domestic
Product.’’ 11
The updated APD fee amount reflects
an adjustment to the current fee of
$11,805 based on the percentage change
in the CPI–U from the end of June 2022
to the end of June 2023. The CPI–U for
June 2023 is 2.97 percent higher than
the CPI–U for June 2022. Increasing the
2023 fee of $11,805 by 2.97 percent and
rounding the product to the nearest $10
produces a 2024 fee of $12,155.
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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
6 The Existing Fee was established by the 2022
(FY 2023) cost recovery fee update rule published
on September 21, 2022 (87 FR 57637), effective
October 1, 2022.
7 The existing value is the adjusted CPI-U for June
2022 to June 2023. The statute requires that the
APD calculation be based on CPI-U.
8 From June 2022 to June 2023, the adjusted CPIU increased by 2.97%.
9 The sum of the ‘‘Existing Value’’ and the ‘‘CPIU Increase’’ is the ‘‘New Value.’’
10 The new APD fee for FY 2024 is the ‘‘New
Value’’ rounded to the nearest $10.
11 Available on the web at https://apps.bea.gov/
iTable/?1301=i&1303=13&ReqID=
13&isuri=1&step=3. Accessed by the BLM on July
14, 2023.
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I
11,805
Existing
value 7
I
11,805.790
FRED, Federal Reserve Bank of St.
Louis.12
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’s assessment of the benefits
and costs of this rule show that it is not
significant under Section 3(f)(1) of E.O.
12866, as amended by E.O. 14094. This
rule will not have an annual effect on
the economy of $200 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 for significance.
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 and Section 3021(b) of
the National Defense Authorization Act
of 2015.
12 Available on the web at https://
fred.stlouisfed.org/series/CPIAUCSL. Accessed by
the BLM on July 14, 2023.
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CPI-U
increase 8
I
350.631
New
value 9
I
12,156.421
New fee
(FY 2024) 10
I
12,155
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 38 fees
for activities on public lands will be
increased. The highest adjustment, in
dollar terms, is for the APD fee. That fee
will increase by $350, from $11,805 to
$12,155. It is important to note that the
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‘‘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
fiscal years (FY) 2016 through 2026 and
requires the fee amount to be adjusted
for inflation.
Congressional Review 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.
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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-
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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 expires July 31,
2025;
Geothermal
(5) 1004–0132, which expired July 31,
2023; 13
Coal
(6) 1004–0073, which expired April
30, 2023; 14
Mining Claims
(7) 1004–0025, which expires July 31,
2025;
(8) 1004–0114, which expired April
30, 2023; 15 and
Leasing of Solid Minerals Other Than
Oil Shale
(9) 1004–0121, which expires August
31, 2025.
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
13 A renewal request for control number 1004–
0132 was submitted to the Office of Management
and Budget (OMB) on July 19, 2023.
14 A renewal request for control number 1004–
0073 was submitted to OMB on December 27, 2022.
15 A renewal request for control number 1004–
0114 was submitted to OMB on January 19, 2023.
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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:
E:\FR\FM\28SER1.SGM
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Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / 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) 2024. These fees are nonrefundable
and must be included with documents
66699
filed under this chapter. Fees will be
adjusted annually according to the
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 2024 PROCESSING AND FILING FEE TABLE
ddrumheller on DSK120RN23PROD with RULES1
Document/action
FY 2024 fee
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):
VerDate Sep<11>2014
16:18 Sep 27, 2023
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E:\FR\FM\28SER1.SGM
28SER1
$195.
115.
15.
265.
560.
505.
100.
505.
30.
30.
505.
195.
115.
265.
560.
100.
140.
0.14.
75.
75.
15.
415.
85.
45.
85.
135.
40.
650.
40.
40.
40.
40.
40.
15.
15.
25.
15.
15.
15.
135.
40.
3,815 (more than 10
claims).
1,905 (10 or fewer claims).
135.
85.
400.
80.
66700
Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations
TABLE 1 TO PARAGRAPH (a)—FY 2024 PROCESSING AND FILING FEE TABLE—Continued
Document/action
FY 2024 fee
Application for Permit to Drill ..................................................................................................................................
12,155.
* 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.
*
*
*
*
may dial 711 first. Email inquiries to
cbcomments@acf.hhs.gov.
SUPPLEMENTARY INFORMATION:
*
Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land
and Minerals Management.
Table of Contents
[FR Doc. 2023–21191 Filed 9–27–23; 8:45 am]
I. Statutory Authority
II. Background
III. Overview of February 2023 NPRM
Comments
IV. Section-by-Section Responses to
Comments
V. Regulatory Process Matters
VI. Tribal Consultation Statement
BILLING CODE 4331–29–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
I. Statutory Authority
45 CFR Part 1355 and 1356
RIN 0970–AC91
Separate Licensing or Approval
Standards for Relative or Kinship
Foster Family Homes
Children’s Bureau (CB);
Administration on Children, Youth and
Families (ACYF); Administration for
Children and Families (ACF);
Department of Health and Human
Services (HHS).
ACTION: Final rule.
AGENCY:
This rule finalizes revisions to
the definition of ‘‘foster family home’’
proposed on February 14, 2023 (here
after referred to as the February 2023
NPRM). Title IV–E agencies may choose
to claim title IV–E federal financial
participation (FFP) for the cost of foster
care maintenance payments (FCMP) on
behalf of an otherwise eligible child
who is placed in a relative or kinship
licensed or approved foster family home
when the agency uses different licensing
or approval standards for relative or
kinship foster family homes and nonrelative/non-kinship foster family
homes. In addition, the final rule
requires title IV–E agencies to
periodically review the amount of
FCMPs to also ensure that the agency
provides a licensed or approved relative
or kinship foster family home the same
amount of FCMP that would have been
made if the child was placed in a nonrelated/non-kinship foster family home.
DATES: This rule is effective on
November 27, 2023.
FOR FURTHER INFORMATION CONTACT:
Kathleen McHugh, Director, Policy
Division, Children’s Bureau, (202) 205–
8618. Telecommunications Relay users
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SUMMARY:
VerDate Sep<11>2014
16:18 Sep 27, 2023
Jkt 259001
This rule is published under the
authority granted to the Secretary of
Health and Human Services (the
Secretary) by section 1102 of the Social
Security Act (the Act), 42 U.S.C. 1302.
Section 1102 of the Act authorizes the
Secretary to publish regulations, not
inconsistent with the Act, as may be
necessary for the efficient
administration of the functions with
which the Secretary is responsible
under the Act.
II. Background
Each state and tribal licensing entity
is responsible for establishing and
maintaining licensing or approval
standards for foster family homes. The
Act requires only that such standards
established by the state or tribe are
reasonably in accord with
recommended standards of national
organizations for foster family homes
related to admission policies, safety,
sanitation, protection of civil rights, and
use of the reasonable and prudent
parenting standard (section
471(a)(10)(A) of the Act), and that the
caregiver fully meet federal
requirements under section 471(a)(20) of
the Act (concerning criminal
background checks for all foster
parents). The Act permits a title IV–E
agency to waive non-safety-related
licensing or approval standards for
relative foster family homes on a caseby-case basis (section 471(a)(10)(D) of
the Act). The Act also requires title IV–
E agencies to provide a periodic review
of licensing or approval standards and
amounts paid as foster care maintenance
payments (FCMP) and adoption
assistance to assure their continuing
appropriateness (section 471(a)(11) of
the Act; 45 CFR 1356.21(m)).
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Fmt 4700
Sfmt 4700
In 2000, ACF promulgated regulations
that interpreted the Act to require that
each state establish and apply its
licensing or approval standards to all
relative and non-relative foster family
homes (45 CFR 1355.20). In the years
following promulgation of the 2000 rule,
research (Miller, Jennifer, ‘‘Creating a
Kin-First Culture,’’ American Bar
Association, July 1, 2017) concluded
that children in foster care often do best
when placed with relatives and kin
because: (1) family connections are
critical to healthy child development
and a sense of belonging; (2) relative
and kinship care helps to preserve
children’s cultural identity and
relationship to their community; and (3)
children living with relatives experience
fewer behavioral problems and higher
placement stability rates compared to
children living with non-relatives in
foster care (88 FR 9414; (Child Welfare
Information Gateway. (2022). Kinship
care and the child welfare system. U.S.
Department of Health and Human
Services, Administration for Children
and Families, Children’s Bureau.
https://www.childwelfare.gov/pubs/fkinshi/); Generations United and
National Indian Child Welfare
Association. (2020). TOOLKIT—
American Indian and Alaska Native
Grandfamilies: Helping Children Thrive
Through Connection to Family and
Cultural Identity. www.gu.org and
www.nicwa.org; (‘‘How can we prioritize
kin in the home study and licensure
process, and make placement with
relatives the norm?’’ Casey Family
Programs, 2020). Congress subsequently
amended title IV–E of the Act to
prioritize placements with and
involvement of relatives when a child is
removed from their home (sections
471(a)(19) and (29) of the Act).
Consistent with the research cited
above and Congress’s amendments, ACF
published the February 2023 NPRM
proposing to allow a title IV–E agency
to adopt one set of licensing or approval
standards for all relative or kinship
foster family homes that is different
from the licensing or approval standards
used for non-relative/non-kin foster
family homes. ACF determined relative
and kinship care is often the best option
for children in foster care. However,
current licensing standards may serve as
a barrier to such placements (Miller,
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28SER1
]]>Agencies
[Federal Register Volume 88, Number 187 (Thursday, September 28, 2023)]
[Rules and Regulations]
[Pages 66695-66700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21191]
[[Page 66695]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3000
[BLM_HQ_FRN_MO4500172991]
RIN 1004-AE97
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, 2023.
ADDRESSES: You may send inquiries or suggestions to Director (630),
Bureau of Land Management, 1849 C St. NW, Room 5646, Washington, DC
20240; Attention: RIN 1004-AE97.
FOR FURTHER INFORMATION CONTACT: Yvette M. Fields, Chief, Division of
Fluid Minerals, 240-712-8358, [email protected]; Rebecca Good, Acting
Chief, Division of Solid Minerals, 307-251-3487, [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.
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
Federal agencies are authorized to charge processing costs by the
Independent Offices Appropriation Act of 1952, 31 U.S.C. 9701. The
Bureau of Land Management (BLM) also has specific authority to charge
fees for processing applications and other documents relating to public
lands under Section 304 of the Federal Land Policy and Management Act
of 1976 (FLPMA), 43 U.S.C. 1734. In 2005, the BLM published a final
cost recovery rule (70 FR 58853) that established new fees or revised
fees and service charges for processing documents related to its
minerals programs (``2005 Cost Recovery Rule''). 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 48 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.
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.
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 since
periodic fee adjustments may be made in a final rule without
opportunity for notice and comment. See 43 CFR 3000.10(c).
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 2023) cost recovery fees
for use in FY 2024. The current fees were set by the cost recovery fee
rule published on September 21, 2022 (87 FR 57637), effective October
1, 2022. The update in this final rule adjusts 48 of the FY 2023 fees
based on the change in the IPD-GDP from the 4th Quarter of 2021 to the
4th Quarter of 2022. The APD fee adjustment is based on the percentage
change in the U.S. Bureau of Labor Statistics' CPI for all goods and
all urban consumers (CPI-U) from June 2022 to June 2023.
Under this final rule, 10 fees will remain the same and 38 fees
will increase. Except for the per-acre cost for nominating lands for
geothermal development, which is less than $1, the filing fees are not
adjusted if the change is less than $5. For example, if inflation
adjusted a fee from $15 to $17.24, the filing fee would remain at $15.
Of the 38 fees that are being increased by this final rule, 18 fees
will increase by $5, six fees will increase by $10, two fees will
increase by $15, two fees will increase by $25, three fees will
increase by $30, two fees will increase by $35, and one fee will
increase by $40. The largest increase, $350, will be applied to the APD
fee, which will increase from $11,805 to $12,155. The fee for
adjudicating a patent application containing more than 10 claims will
increase by $230--from $3,585 to $3,815. The fee for adjudicating a
patent application containing 10 or fewer claims will increase by
$115--from $1,790 to $1,905. The smallest increase--1 cent--will be
added to the per-acre cost of nominating lands for geothermal leasing,
which will rise from 13 cents per acre to 14 cents per acre. To see the
specific fee increases, please refer to the table below.
[[Page 66696]]
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
following table:
---------------------------------------------------------------------------
\1\ The Existing Fee was established by the 2022 (FY 2023) cost
recovery fee update rule published on September 21, 2022 (87 FR
57637), effective October 1, 2022.
\2\ The Existing Value is the figure from the New Value column
in the previous year's rule.
\3\ From 4th Quarter 2021 (121.7) to 4th Quarter 2022 (129.5),
the IPD-GDP increased by 6.41 percent. The value in the IPD-GDP
Increase column is 6.41 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 2024 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\
2023) value \2\ \3\ \4\ (FY 2024)
----------------------------------------------------------------------------------------------------------------
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150):
Competitive lease application.............. $185 $184.904 $11.852 $196.756 $195
Assignment and transfer of record title or 105 106.665 6.837 113.502 115
operating rights..........................
Overriding royalty transfer, payment out of 15 14.219 0.911 15.130 15
production................................
Name change, corporate merger or transfer 250 248.886 15.953 264.839 265
to heir/devisee...........................
Lease consolidation........................ 525 526.226 33.731 559.957 560
Lease renewal or exchange.................. 475 476.464 30.541 507.005 505
Lease reinstatement, Class I............... 90 92.432 5.924 98.356 100
Leasing under right-of-way................. 475 476.464 30.541 507.005 505
Geophysical exploration permit application-- 30 29.104 1.865 30.969 30
Alaska....................................
Renewal of exploration permit--Alaska...... 30 29.104 1.865 30.969 30
Geothermal (part 3200):
Noncompetitive lease application........... 475 476.464 30.541 507.005 505
Competitive lease application.............. 185 184.904 11.852 196.756 195
Assignment and transfer of record title or 105 106.665 6.837 113.502 115
operating right...........................
Name change, corporate merger or transfer 250 248.886 15.953 264.839 265
to heir/devisee...........................
Lease consolidation........................ 525 526.226 33.731 559.957 560
Lease reinstatement........................ 90 92.432 5.924 98.356 100
Nomination of lands........................ 135 133.123 8.533 141.656 140
Plus per acre nomination fee............... 0.13 0.130 0.008 0.138 0.14
Site license application................... 70 71.109 4.558 75.667 75
Assignment or transfer of site license..... 70 71.109 4.558 75.667 75
Coal (parts 3400, 3470):
License to mine application................ 15 14.219 0.911 15.130 15
Exploration license application............ 390 391.120 25.070 416.190 415
Lease or lease interest transfer........... 80 78.237 5.014 83.251 85
Leasing of Solid Minerals Other Than Coal and
Oil Shale (parts 3500, 3580):
Applications other than those listed below. 45 42.670 2.735 45.405 45
Prospecting permit amendment............... 80 78.237 5.014 83.251 85
Extension of prospecting permit............ 130 128.001 8.204 136.205 135
Lease modification or fringe acreage lease. 35 35.565 2.279 37.844 40
Lease renewal.............................. 610 611.582 39.202 650.784 650
Assignment, sublease, or transfer of 35 35.566 2.279 37.845 40
operating rights..........................
Transfer of overriding royalty............. 35 35.566 2.279 37.845 40
Use permit................................. 35 35.566 2.279 37.845 40
Shasta and Trinity hardrock mineral lease.. 35 35.566 2.279 37.845 40
Renewal of existing sand and gravel lease 35 35.566 2.279 37.845 40
in Nevada.................................
Multiple Use; Mining (Group 3700):
Notice of protest of placer mining 15 14.219 0.911 15.130 15
operations................................
Mining Law Administration (parts 3800, 3810,
3830, 3850, 3860, 3870):
Application to open lands to location...... 15 14.219 0.911 15.130 15
Notice of location......................... 20 21.321 1.366 22.687 25
Amendment of location...................... 15 14.219 0.911 15.130 15
Transfer of mining claim/site.............. 15 14.219 0.911 15.130 15
Recording an annual FLPMA filing........... 15 14.219 0.911 15.130 15
Deferment of assessment work............... 130 128.001 8.204 136.205 135
Recording a notice of intent to locate 35 35.566 2.279 37.845 40
mining claims on Stockraising Homestead
Act lands.................................
Mineral patent adjudication (more than ten 3,585 3,584.147 229.743 3,813.890 3,815
claims)...................................
(ten or fewer claims).................. 1,790 1,792.054 114.870 1,906.924 1,905
Adverse claim.............................. 130 128.001 8.204 136.205 135
Protest.................................... 80 78.237 5.014 83.251 85
Oil Shale Management (parts 3900, 3910, 3930:
Exploration license application............ 375 375.144 24.046 399.190 400
Assignment or sublease of record title or 75 76.306 4.891 81.197 80
overriding royalty........................
----------------------------------------------------------------------------------------------------------------
[[Page 66697]]
----------------------------------------------------------------------------------------------------------------
Existing CPI-U
Fixed cost recovery fees fee (FY Existing increase New value New fee (FY
2023) \6\ value \7\ \8\ \9\ 2024) \10\
----------------------------------------------------------------------------------------------------------------
Oil and Gas Operations/Production (parts 3160,
3170):
Application for Permit to Drill............ 11,805 11,805.790 350.631 12,156.421 12,155
----------------------------------------------------------------------------------------------------------------
III. How Fees Are Adjusted
---------------------------------------------------------------------------
\6\ The Existing Fee was established by the 2022 (FY 2023) cost
recovery fee update rule published on September 21, 2022 (87 FR
57637), effective October 1, 2022.
\7\ The existing value is the adjusted CPI-U for June 2022 to
June 2023. The statute requires that the APD calculation be based on
CPI-U.
\8\ From June 2022 to June 2023, the adjusted CPI-U increased by
2.97%.
\9\ The sum of the ``Existing Value'' and the ``CPI-U Increase''
is the ``New Value.''
\10\ The new APD fee for FY 2024 is the ``New Value'' rounded to
the nearest $10.
---------------------------------------------------------------------------
The BLM took the base values (or ``existing values'') upon which it
derived the FY 2023 cost recovery fees (or ``existing fees'') and
multiplied them by the percent change in the IPD-GDP (6.41 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 2024.
The source for IPD-GDP data is the U.S. Department of Commerce,
Bureau of Economic Analysis website, specifically, ``Table 1.1.9.
Implicit Price Deflators for Gross Domestic Product.'' \11\
---------------------------------------------------------------------------
\11\ Available on the web at https://apps.bea.gov/iTable/?1301=i&1303=13&ReqID=13&isuri=1&step=3. Accessed by the BLM on July
14, 2023.
---------------------------------------------------------------------------
The updated APD fee amount reflects an adjustment to the current
fee of $11,805 based on the percentage change in the CPI-U from the end
of June 2022 to the end of June 2023. The CPI-U for June 2023 is 2.97
percent higher than the CPI-U for June 2022. Increasing the 2023 fee of
$11,805 by 2.97 percent and rounding the product to the nearest $10
produces a 2024 fee of $12,155.
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.\12\
---------------------------------------------------------------------------
\12\ Available on the web at https://fred.stlouisfed.org/series/CPIAUCSL. Accessed by the BLM on July 14, 2023.
---------------------------------------------------------------------------
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's assessment of the benefits and costs of this rule show
that it is not significant under Section 3(f)(1) of E.O. 12866, as
amended by E.O. 14094. This rule will not have an annual effect on the
economy of $200 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 for significance.
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 and Section 3021(b) of the National Defense
Authorization Act of 2015.
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
38 fees for activities on public lands will be increased. The highest
adjustment, in dollar terms, is for the APD fee. That fee will increase
by $350, from $11,805 to $12,155. It is important to note that the
[[Page 66698]]
``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 fiscal years (FY) 2016 through 2026 and
requires the fee amount to be adjusted for inflation.
Congressional Review 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 expires July 31, 2025;
Geothermal
(5) 1004-0132, which expired July 31, 2023; \13\
---------------------------------------------------------------------------
\13\ A renewal request for control number 1004-0132 was
submitted to the Office of Management and Budget (OMB) on July 19,
2023.
---------------------------------------------------------------------------
Coal
(6) 1004-0073, which expired April 30, 2023; \14\
---------------------------------------------------------------------------
\14\ A renewal request for control number 1004-0073 was
submitted to OMB on December 27, 2022.
---------------------------------------------------------------------------
Mining Claims
(7) 1004-0025, which expires July 31, 2025;
(8) 1004-0114, which expired April 30, 2023; \15\ and
---------------------------------------------------------------------------
\15\ A renewal request for control number 1004-0114 was
submitted to OMB on January 19, 2023.
---------------------------------------------------------------------------
Leasing of Solid Minerals Other Than Oil Shale
(9) 1004-0121, which expires August 31, 2025.
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:
[[Page 66699]]
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) 2024.
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) 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 2024 Processing and Filing Fee Table
------------------------------------------------------------------------
Document/action FY 2024 fee
------------------------------------------------------------------------
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150):
Competitive lease application............... $195.
Assignment and transfer of record title or 115.
operating rights.
Overriding royalty transfer, payment out of 15.
production.
Name change, corporate merger or transfer to 265.
heir/devisee.
Lease consolidation......................... 560.
Lease renewal or exchange................... 505.
Lease reinstatement, Class I................ 100.
Leasing under right-of-way.................. 505.
Geophysical exploration permit application-- 30.
Alaska.
Renewal of exploration permit--Alaska....... 30.
Geothermal (part 3200):
Noncompetitive lease application............ 505.
Competitive lease application............... 195.
Assignment and transfer of record title or 115.
operating rights.
Name change, corporate merger or transfer to 265.
heir/devisee.
Lease consolidation......................... 560.
Lease reinstatement......................... 100.
Nomination of lands......................... 140.
plus per acre nomination fee............ 0.14.
Site license application.................... 75.
Assignment or transfer of site license...... 75.
Coal (parts 3400, 3470):
License to mine application................. 15.
Exploration license application............. 415.
Lease or lease interest transfer............ 85.
Leasing of Solid Minerals Other Than Coal and
Oil Shale (parts 3500, 3580):
Applications other than those listed below.. 45.
Prospecting permit application amendment.... 85.
Extension of prospecting permit............. 135.
Lease modification or fringe acreage lease.. 40.
Lease renewal............................... 650.
Assignment, sublease, or transfer of 40.
operating rights.
Transfer of overriding royalty.............. 40.
Use permit.................................. 40.
Shasta and Trinity hardrock mineral lease... 40.
Renewal of existing sand and gravel lease in 40.
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 *........................ 25.
Amendment of location....................... 15.
Transfer of mining claim/site............... 15.
Recording an annual FLPMA filing............ 15.
Deferment of assessment work................ 135.
Recording a notice of intent to locate 40.
mining claims on Stockraising Homestead Act
lands.
Mineral patent adjudication................. 3,815 (more than 10
claims).
1,905 (10 or fewer
claims).
Adverse claim............................... 135.
Protest..................................... 85.
Oil Shale Management (parts 3900, 3910, 3930):
Exploration license application............. 400.
Application for assignment or sublease of 80.
record title or overriding royalty.
Onshore Oil and Gas Operations and Production
(parts 3160, 3170):
[[Page 66700]]
Application for Permit to Drill............. 12,155.
------------------------------------------------------------------------
* 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.
* * * * *
Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land and Minerals Management.
[FR Doc. 2023-21191 Filed 9-27-23; 8:45 am]
BILLING CODE 4331-29-P
