Federal Register, Volume 81 Issue 185 (Friday, September 23, 2016)
[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)]
[Rules and Regulations]
[Pages 65558-65563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22841]
[[Page 65558]]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3000
[16X.LLWO310000.L13100000.PP0000]
RIN 1004-AE47
Minerals Management: Adjustment of Cost Recovery Fees
AGENCY: Bureau of Land Management, Interior.
ACTION: Final rule.
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SUMMARY: This final rule updates the fees set forth in the Bureau of
Land Management (BLM) mineral resources regulations for the processing
of certain minerals program-related actions. It also adjusts certain
filing fees for minerals-related documents. These updated fees include
those for actions such as lease renewals and mineral patent
adjudications.
DATES: This final rule is effective October 1, 2016.
ADDRESSES: You may send inquiries or suggestions to Director (630),
Bureau of Land Management, 2134LM, 1849 C Street NW., Washington, DC
20240; Attention: RIN 1004-AE47.
FOR FURTHER INFORMATION CONTACT: Steven Wells, Chief, Division of Fluid
Minerals, 202-912-7143; Mitchell Leverette, Chief, Division of Solid
Minerals, 202-912-7113; or Mark Purdy, Regulatory Affairs, 202-912-
7635. Persons who use a telecommunications device for the deaf (TDD)
may leave a message for these individuals with the Federal Information
Relay Service (FIRS) at 1-800-877-8339, 24 hours a day, 7 days a week.
SUPPLEMENTARY INFORMATION:
I. Background
The BLM has specific authority to charge fees for processing
applications and other documents relating to public lands under section
304 of the Federal Land Policy and Management Act of 1976 (FLPMA), 43
U.S.C. 1734. In 2005, the BLM's minerals program published a final cost
recovery rule (70 FR 58854) establishing or revising fees and service
charges imposed in connection with the processing of certain minerals
program-related actions (2005 Cost Recovery Rule). In addition to
establishing the fees and charges, the 2005 Cost Recovery Rule also
established the method the BLM would use to adjust those fees and
service charges on an annual basis.
At 43 CFR 3000.12(a), the regulations provide that the BLM will
annually adjust fees established in Subchapter C (43 CFR parts 3000-
3900) according to changes in the Implicit Price Deflator for Gross
Domestic Product (IPD-GDP), which is published quarterly by the U.S.
Department of Commerce. See also 43 CFR 3000.10. This final rule
updates those fees and service charges consistent with that direction.
The fee adjustments in this 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 rule may be
effective less than 30 days after publication. See 43 CFR 3000.10(c).
II. Discussion of Final Rule
The BLM's minerals program publishes a fee update rule each year,
which becomes effective on October 1. As set forth in the 2005 Cost
Recovery Rule, the fee updates are based on the change in the IPD-GDP
from the 4th Quarter of one calendar year to the 4th Quarter of the
following calendar year. In this case, the fee update rule is based on
the change in the IPD-GDP from the 4th Quarter of 2014 to the 4th
Quarter of 2015 and reflects the rate of inflation over four calendar
quarters.
The fee is calculated by applying the IPD-GDP to the base value
from the previous year's rule, also known as the ``existing value.''
This calculation results in an updated base value. The updated base
value is then rounded to the closest multiple of $5 for fees equal to
or greater than $1, or to the nearest cent for fees under $1, to
establish the new fee.
Under this rule, 30 fees will remain the same and 18 fees will
increase. Of the 18 fees that are being increased by this rule, 15 of
the increases are equal to $5 each. The largest increase, $35, will be
applied to the fee for adjudicating a mineral patent application
containing more than 10 claims, which will increase from $3,075 to
$3,110. The fee for adjudicating a patent application containing 10 or
fewer claims will increase by $20, from $1,535 to $1,555. The ``plus
per acre nomination fee'' for geothermal development will increase from
$0.11 to $0.12.
The calculations that resulted in the new fees are included in the
table below:
Fixed Cost Recovery Fees FY17
----------------------------------------------------------------------------------------------------------------
Existing fee Existing value IPD-GDP
Document/action \1\ \2\ increase \3\ New value \4\ New fee \5\
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Oil & Gas (parts 3100, 3110, 3120, 3130, 3150)
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Noncompetitive lease application $410 $408.656 $4.5770 $413.2334 $415
Competitive lease application... 160 158.591 1.7762 160.3668 160
Assignment and transfer of 90 91.486 1.0246 92.5106 95
record title or operating
rights.........................
Overriding royalty transfer, 10 12.196 0.1366 12.3326 10
payment out of production......
Name change, corporate merger or 215 213.467 2.3908 215.8580 215
transfer to heir/devisee.......
Lease consolidation............. 450 451.337 5.0550 456.3921 455
Lease renewal or exchange....... 410 408.656 4.5770 413.2334 415
Lease reinstatement, Class I.... 80 79.279 0.8879 80.1672 80
Leasing under right-of-way...... 410 408.656 4.5770 413.2334 415
Geophysical exploration permit 25 .............. .............. .............. 25
application--Alaska \6\........
Renewal of exploration permit-- 25 .............. .............. .............. 25
Alaska \7\.....................
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Geothermal (part 3200)
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Noncompetitive lease application 410 408.6565 4.5770 413.2334 415
Competitive lease application... 160 158.5906 1.7762 160.3668 160
Assignment and transfer of 90 91.4859 1.0246 92.5106 95
record title or operating right
[[Page 65559]]
Name change, corporate merger or 215 213.4672 2.3908 215.8580 215
transfer to heir/devisee.......
Lease consolidation............. 450 451.3371 5.0550 456.3921 455
Lease reinstatement............. 80 79.2793 0.8879 80.1672 80
Nomination of lands............. 115 114.1784 1.2788 115.4572 115
Plus per acre nomination fee.... 0.11 0.11418 0.0013 0.1155 0.12
Site license application........ 60 60.9906 0.6831 61.6737 60
Assignment or transfer of site 60 60.9906 0.6831 61.6737 60
license........................
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Coal (parts 3400, 3470)
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License to mine application..... 10 12.1960 0.1366 12.3326 10
Exploration license application. 335 335.4592 3.7571 339.2163 340
Lease or lease interest transfer 65 67.1047 0.7516 67.8562 70
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Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500, 3580)
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Applications other than those 35 36.5987 0.4099 37.0086 35
listed below...................
Prospecting permit amendment.... 65 67.1047 0.7516 67.8562 70
Extension of prospecting permit. 110 109.7853 1.2296 111.0149 110
Lease modification or fringe 30 30.5060 0.3417 30.8477 30
acreage lease..................
Lease renewal................... 525 524.5451 5.8749 530.4200 530
Assignment, sublease, or 30 30.5060 0.3417 30.8477 30
transfer of operating rights...
Transfer of overriding royalty.. 30 30.5060 0.3417 30.8477 30
Use permit...................... 30 30.5060 0.3417 30.8477 30
Shasta and Trinity hardrock 30 30.5060 0.3417 30.8477 30
mineral lease..................
Renewal of existing sand and 30 30.5060 0.3417 30.8477 30
gravel lease in Nevada.........
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Multiple Use; Mining (Group 3700)
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Notice of protest of placer 10 12.1960 0.1366 12.3326 15
mining operations..............
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Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 3870)
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Application to open lands to 10 12.1960 0.1366 12.3326 10
location.......................
Notice of Location.............. 20 18.2886 0.2048 18.4935 20
Amendment of location........... 10 12.1960 0.1366 12.3326 10
Transfer of mining claim/site... 10 12.1960 0.1366 12.3326 10
Recording an annual FLPMA filing 10 12.1960 0.1366 12.3326 10
Deferment of assessment work.... 110 109.7853 1.2296 111.0149 110
Recording a notice of intent to 30 30.5060 0.3417 30.8477 30
locate mining claims on
Stockraising Homestead Act
lands..........................
Mineral Patent adjudication
(more than ten claims)...... 3,075 3,074.0626 34.4295 3108.4921 3,110
(ten or fewer claims)....... 1,535 1,537.0153 17.2146 1,554.2298 1,555
Adverse claim................... 110 109.7853 1.2296 111.0149 110
Protest......................... 65 67.1047 0.7516 67.8562 70
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Oil Shale Management (parts 3900, 3910, 3930)
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Exploration License Application. 320 321.7561 3.6037 325.3597 325
Assignment or sublease of record 65 65.4479 0.7330 66.1809 65
title or overriding royalty....
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Source for Implicit Price Deflator for Gross Domestic Product data: U.S. Department of Commerce, Bureau of
Economic Analysis (March 25, 2016).
III. How Fees Are Adjusted
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\1\ The Existing Fee was established by the 2015 (Fiscal Year
2016) cost recovery fee update rule published September 30, 2015 (80
FR 58625), effective October 1, 2015.
\2\ The Existing Value is the figure from the New Value column
in the previous year's rule.
\3\ From 4th Quarter 2014 (109.067) to 4th Quarter 2015
(110.286), the IPD-GDP increased by 1.12 percent. The value in the
IPD-GDP Increase column is 1.12 percent of the Existing Value.
\4\ The sum of the Existing Value and the IPD-GDP Increase is
the New Value.
\5\ The New Fee for Fiscal Year 2016 is the New Value rounded to
the nearest $5 for values equal to or greater than $1, or to the
nearest penny for values under $1.
\6\ Section 365 of the Energy Policy Act of 2005 (Pub. L. 109-
58) directed in subsection (i) that ``the Secretary shall not
implement a rulemaking that would enable an increase in fees to
recover additional costs related to processing drilling-related
permit applications and use authorizations.'' In the 2005 cost
recovery rule, the BLM interpreted this prohibition to apply to
geophysical exploration permits. 70 FR 58854-58855. While the $25
fees for geophysical exploration permit applications for Alaska and
renewals of exploration permits for Alaska pre-dated the 2005 cost
recovery rule and were not affected by the Energy Policy Act
prohibition, the BLM interprets the Energy Policy Act provision as
prohibiting it from increasing this $25 fee.
\7\ The BLM interprets the Energy Policy Act prohibition
discussed in footnote 6, above, as prohibiting it from increasing
this $25 fee, as well.
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The figures in the Existing Fee column in the table above represent
the base value of the existing fee (shown in the Existing Value column)
rounded to the closest multiple of $5 for fees equal to or greater than
$1, or to the nearest
[[Page 65560]]
cent for fees under $1. In calculating the annual adjustment to the
fee, however, the BLM begins with the unrounded base fee, represented
in the Existing Value column. The Existing Value is the figure from the
New Value column in the previous year's rule. In the case of fees that
were not in the table the previous year, or that had no figure in the
New Value column the previous year, the Existing Value is the same as
the Existing Fee. Because the new fees are derived from 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, adjustments based on
the figures in the Existing Fee column would lead to significantly
over- or under-valued fees over time. Accordingly, fee adjustments are
made by multiplying the annual change in the IPD-GDP by the figure in
the Existing Value column. This calculation defines the New Value for
this year, which is then rounded to the nearest $5 for fees equal to or
greater than $1, or the nearest penny for fees under $1, to establish
the New Fee.
IV. Procedural Matters
Regulatory Planning and Review (Executive Order 12866)
This document is not a significant rule, and the Office of
Management and Budget has not reviewed this rule under Executive Order
12866.
The BLM has determined that the rule will not have an annual effect
on the economy of $100 million or more. It will not adversely affect in
a material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local, or tribal governments or communities. The changes in today's
rule are much smaller than those in the 2005 final rule, which did not
approach the threshold in Executive Order 12866. For instructions on
how to view a copy of the analysis prepared in conjunction with the
2005 final rule, please contact one of the persons listed in the FOR
FURTHER INFORMATION CONTACT section above.
This rule will not create inconsistencies or otherwise interfere
with an action taken or planned by another agency. This rule does not
change the relationships of the onshore minerals programs with other
agencies' actions. These relationships are included in agreements and
memoranda of understanding that 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. However,
most of these fee increases are less than 2 percent, and none of the
increases materially affects the budgetary impact of any of the
affected fees or charges.
Finally, this rule will not raise novel legal or policy issues. As
explained above, this rule simply implements an annual process to
account for inflation that was adopted by and explained in the 2005
Cost Recovery Rule.
The Regulatory Flexibility Act
This final rule will not have a significant economic effect on a
substantial number of small entities as defined under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). 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
Lead ore mining (NAICS code 212231): 750 or fewer employees
Copper ore mining (NAICS code 212234): 1,500 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 and Natural Gas Extraction (NAICS code
211111)--1,250 or fewer employees
Natural Gas Liquid Extraction (NAICS code 211112)--750 or
fewer employees
All Other Non-Metallic Mineral Mining (NAICS code 212399)--500
or fewer employees
The SBA standards were adjusted as of February 26, 2016, per 13 CFR
121.104. The SBA would consider many, if not most, of the operators
with whom the BLM works in the onshore minerals programs to be small
entities. The BLM notes that this final rule does not affect service
industries, for which the SBA has a different definition of ``small
entity.''
The final rule may affect a large number of small entities because
18 fees for activities on public lands will be increased. However, most
of the fee increases will be less than 2 percent. The adjustments
result in no increase in the fees for processing 30 actions relating to
the BLM's minerals programs. The highest adjustment, in dollar terms,
is for adjudications of mineral patent applications involving more than
10 mining claims; that fee will increase by $35. Accordingly, the BLM
has concluded that the economic effect of the rule's changes will not
be significant, even for small entities. For the 2005 Cost Recovery
Rule, the BLM completed a Regulatory Flexibility Act threshold
analysis, which is available for public review in the administrative
record for that rule. For instructions on how to view a copy of that
analysis, please contact one of the persons listed in the FOR FURTHER
INFORMATION CONTACT section above. The analysis for the 2005 rule
concluded that the fees would not have a significant economic effect on
a substantial number of small entities. The fee increases implemented
in today's rule are substantially smaller than those provided for in
the 2005 rule.
The Small Business Regulatory Enforcement Fairness Act
This final rule is not a ``major rule'' as defined at 5 U.S.C.
804(2). The final rule will not have an annual effect on the economy
greater than $100 million; it will not result in major cost or price
increases for consumers, industries, government agencies, or regions;
and it will not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
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.
[[Page 65561]]
The Paperwork Reduction Act of 1995
This rule does not contain information collection requirements that
require a control number from the Office of Management and Budget in
accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521). After the effective date of this rule, the new fees may affect
the non-hour burdens associated with the following control numbers:
Oil and Gas
(1) 1004-0034 which expires July 31, 2018;
(2) 1004-0137 which expires January 31, 2018;
(3) 1004-0162 which expires October 31, 2018;
(4) 1004-0185 which expires March 31, 2019;
Geothermal
(5) 1004-0132 which expires December 31, 2016;
Coal
(6) 1004-0073 which expires August 31, 2016; \8\
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\8\ A request for renewal is pending with the Office of
Management and Budget.
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Mining Claims
(7) 1004-0025 which expires March 31, 2019;
(8) 1004-0114 which expires October 31, 2016; and
Leasing of Solid Minerals Other Than Oil Shale
(9) 1004-0121 which expires August 31, 2016.\8\
Takings Implication Assessment (Executive Order 12630)
As required by Executive Order 12630, the BLM has determined that
this rule will not cause a taking of private property. No private
property rights will be affected by a rule that merely updates fees.
The BLM therefore certifies that this final rule does not represent a
governmental action capable of interference with constitutionally
protected property rights.
Civil Justice Reform (Executive Order 12988)
In accordance with Executive Order 12988, the BLM finds that this
final rule will not unduly burden the judicial system and meets the
requirements of sections 3(a) and 3(b)(2) of the Executive Order.
The National Environmental Policy Act (NEPA)
The BLM has determined that this final rule qualifies as a routine
financial transaction and a regulation of an administrative, financial,
legal, or procedural nature that is categorically excluded from
environmental review under NEPA pursuant to 43 CFR 46.205 and 46.210(c)
and (i). The final rule does not meet any of the 12 criteria for
exceptions to categorical exclusions listed at 43 CFR 46.215.
Therefore, neither an environmental assessment nor an environmental
impact statement is required in connection with the rule (40 CFR
1508.4).
The Unfunded Mandates Reform Act of 1995
The BLM has determined that this final rule is not significant
under the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq.,
because it will not result in State, local, private sector, or tribal
government expenditures of $100 million or more in any one year, 2
U.S.C. 1532. This rule will not significantly or uniquely affect small
governments. Therefore, the BLM is not required to prepare a statement
containing the information required by the Unfunded Mandates Reform
Act.
Consultation and Coordination With Indian Tribal Governments (Executive
Order 13175)
In accordance with Executive Order 13175, the BLM has determined
that this final rule does not include policies that have tribal
implications. Specifically, the rule would not have substantial direct
effects on one or more Indian tribes. Consequently, the BLM did not
utilize the consultation process set forth in Section 5 of the
Executive Order.
Information Quality Act
In developing this rule, the BLM did not conduct or use a study,
experiment, or survey requiring peer review under the Information
Quality Act (Pub. L. 106-554).
Effects on the Nation's Energy Supply (Executive Order 13211)
In accordance with Executive Order 13211, the BLM has determined
that this final rule is not likely to have a significant adverse effect
on the supply, distribution, or use of energy. It merely adjusts
certain administrative cost recovery fees to account for inflation.
Author
The principal author of this rule is Mark Purdy of the Division of
Regulatory Affairs, Bureau of Land Management.
List of Subjects in 43 CFR Part 3000
Public lands--mineral resources, Reporting and recordkeeping
requirements.
Amanda C. Leiter,
Acting Assistant Secretary, Land and Minerals Management.
For reasons stated in the preamble, the Bureau of Land Management
amends 43 CFR part 3000 as follows:
PART 3000--MINERALS MANAGEMENT: GENERAL
0
1. The authority citation for part 3000 continues to read as follows:
Authority: 16 U.S.C. 3101 et seq.; 30 U.S.C. 181 et seq., 301-
306, 351-359, and 601 et seq.; 31 U.S.C. 9701; 40 U.S.C. 471 et
seq.; 42 U.S.C. 6508; 43 U.S.C. 1701 et seq.; and Pub. L. 97-35, 95
Stat. 357.
Subpart 3000--General
0
2. Amend Sec. 3000.12 by revising paragraph (a) to read as follows:
Sec. 3000.12 What is the fee schedule for fixed fees?
(a) The table in this section shows the fixed fees that you must
pay to the BLM for the services listed for Fiscal Year 2017. These fees
are nonrefundable and must be included with documents you file under
this chapter. Fees will be adjusted annually according to the change in
the Implicit Price Deflator for Gross Domestic Product (IPD-GDP) by way
of publication of a final rule in the Federal Register and will
subsequently be posted on the BLM Web site (http://www.blm.gov) before
October 1 each year. Revised fees are effective each year on October 1.
[[Page 65562]]
FY 2017 Processing and Filing Fee Table
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Document/action FY 2017 fee
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Oil & Gas (parts 3100, 3110, 3120, 3130, 3150)
------------------------------------------------------------------------
Noncompetitive lease $415.
application.
Competitive lease application.. $160.
Assignment and transfer of $95.
record title or operating
rights.
Overriding royalty transfer, $10.
payment out of production.
Name change, corporate merger $215.
or transfer to heir/devisee.
Lease consolidation............ $455.
Lease renewal or exchange...... $415.
Lease reinstatement, Class I... $80.
Leasing under right-of-way..... $415.
Geophysical exploration permit $25.
application--Alaska.
Renewal of exploration permit-- $25.
Alaska.
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Geothermal (part 3200)
------------------------------------------------------------------------
Noncompetitive lease $415.
application.
Competitive lease application.. $160.
Assignment and transfer of $95.
record title or operating
rights.
Name change, corporate merger $215.
or transfer to heir/devisee.
Lease consolidation............ $455.
Lease reinstatement............ $80.
Nomination of lands............ $115.
plus per acre nomination fee. $0.12.
Site license application....... $60.
Assignment or transfer of site $60.
license.
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Coal (parts 3400, 3470)
------------------------------------------------------------------------
License to mine application.... $10.
Exploration license application $340.
Lease or lease interest $70.
transfer.
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Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500,
3580)
------------------------------------------------------------------------
Applications other than those $35.
listed below.
------------------------------------------------------------------------
Prospecting permit application $70.
amendment.
Extension of prospecting permit $110.
Lease modification or fringe $30.
acreage lease.
Lease renewal.................. $530.
Assignment, sublease, or $30.
transfer of operating rights.
Transfer of overriding royalty. $30.
Use permit..................... $30.
Shasta and Trinity hardrock $30.
mineral lease.
Renewal of existing sand and $30.
gravel lease in Nevada.
------------------------------------------------------------------------
Public Law 359; Mining in Powersite Withdrawals: General (part 3730)
------------------------------------------------------------------------
Notice of protest of placer $15.
mining operations.
------------------------------------------------------------------------
Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 3870)
------------------------------------------------------------------------
Application to open lands to $10.
location.
Notice of location*............ $20.
Amendment of location.......... $10.
Transfer of mining claim/site.. $10.
Recording an annual FLPMA $10.
filing.
Deferment of assessment work... $110.
Recording a notice of intent to $30.
locate mining claims on
Stockraising Homestead Act
lands.
Mineral patent adjudication.... $3,110 (more than 10 claims).
$1,555 (10 or fewer claims).
Adverse claim.................. $110.
Protest........................ $70.
------------------------------------------------------------------------
Oil Shale Management (parts 3900, 3910, 3930)
------------------------------------------------------------------------
Exploration license application $325.
Application for assignment or $65.
sublease of record title or
overriding royalty.
------------------------------------------------------------------------
* To record a mining claim or site location, you must pay this
processing fee along with the initial maintenance fee and the one-time
location fee required by statute. 43 CFR part 3833.
[[Page 65563]]
* * * * *
[FR Doc. 2016-22841 Filed 9-22-16; 8:45 am]
BILLING CODE 4310-84-P
