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Rule2021-21514

Minerals Management: Adjustment of Cost Recovery Fees

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Published

October 4, 2021

Effective

October 4, 2021

Issuing agencies

Interior DepartmentLand Management Bureau

Abstract

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.

Full Text

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<title>Federal Register, Volume 86 Issue 189 (Monday, October 4, 2021)</title>
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[Federal Register Volume 86, Number 189 (Monday, October 4, 2021)]
[Rules and Regulations]
[Pages 54636-54641]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21514]

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 3000

[212L1109AF.LLHQ300000. L13100000.PP0000]
RIN 1004-AE81

Minerals Management: Adjustment of Cost Recovery Fees

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rule.

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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 on October 4, 2021.

ADDRESSES: You may send inquiries or suggestions to Director (630),
Bureau of Land Management, 760 Horizon Drive, Grand Junction, CO 81506;
Attention: RIN 1004-AE81.

FOR FURTHER INFORMATION CONTACT: Sheila Mallory, Acting Chief, Division
of Fluid Minerals, 775-287-3293, <a href="/cdn-cgi/l/email-protection#d7a4bab6bbbbb8a5ae97b5bbbaf9b0b8a1"><span class="__cf_email__" data-cfemail="83f0eee2efefecf1fac3e1efeeade4ecf5">[email&#160;protected]</span></a>; Lindsey Curnutt,
Chief, Division of Solid Minerals, 775-824-2910, <a href="/cdn-cgi/l/email-protection#533f3026213d26272713313f3e7d343c25"><span class="__cf_email__" data-cfemail="81ede2f4f3eff4f5f5c1e3edecafe6eef7">[email&#160;protected]</span></a>; or
Faith Bremner, Regulatory Analyst, Division of Regulatory Affairs,
<a href="/cdn-cgi/l/email-protection#4523273720282b2037052729286b222a33"><span class="__cf_email__" data-cfemail="f593978790989b9087b5979998db929a83">[email&#160;protected]</span></a>. Persons who use a telecommunications device for the
deaf (TDD) may leave a message for these individuals with the Federal
Relay Service (FRS) at 1-800-877-8339, 24 hours a day, 7 days a week.

SUPPLEMENTARY INFORMATION:

I. Background

The BLM has authority to charge fees for processing applications
and other documents relating to public lands under section 304 of the
Federal Land Policy and Management Act of 1976 (FLPMA), 43 U.S.C. 1734.
In 2005, the BLM published a final cost recovery rule (70 FR 58854)
that established new fees or revised fees and service charges for
processing documents related to its minerals programs (``2005 Cost
Recovery Rule''). In addition, the 2005 Cost Recovery Rule also
established the method the BLM would use to adjust those fees and
service charges for inflation on an annual basis.
The regulations at 43 CFR 3000.12(a) provide that the BLM will
annually adjust fees established in subchapter C (43 CFR parts 3000-
3900) according to changes in the Implicit Price Deflator for Gross
Domestic Product (IPD-GDP), which is published quarterly by the U.S.

[[Page 54637]]

Department of Commerce. See also 43 CFR 3000.10. This final rule
updates those fees and service charges consistent with that direction.
The fee adjustments in this final rule are based on the mathematical
formula set forth in the 2005 Cost Recovery Rule. The public had an
opportunity to comment on that adjustment procedure as part of the 2005
rulemaking. Accordingly, the Department of the Interior for good cause
finds under 5 U.S.C. 553(b)(B) and (d)(3) that notice and public
comment procedures are unnecessary and that the fee adjustments in this
final rule may be effective less than 30 days after publication. See 43
CFR 3000.10(c).

II. Discussion of Final Rule

As set forth in the 2005 Cost Recovery Rule, the fee updates are
based on the change in the IPD-GDP. The BLM's minerals program
publishes the updated cost recovery fees annually, at the start of each
fiscal year (FY).
This final rule updates the current (FY 2021) cost recovery fees
for use in FY 2022. The current fees were set by the cost recovery fee
rule published on October 9, 2020 (85 FR 64056), effective October 9,
2020. The update in this final rule adjusts the FY 2021 fees based on
the change in the IPD-GDP from the 4th Quarter of 2019 to the 4th
Quarter of 2020.
Under this final rule, 33 fees will remain the same and 15 fees
will increase. Of the 15 fees that are being increased by this final
rule, 12 fees will increase by $5 each, and one fee will increase by
$10. The largest increase, $45, will be applied to the fee for
adjudicating a mineral patent application containing more than 10
claims, which will increase from $3,340 to $3,385. The fee for
adjudicating a patent application containing 10 or fewer claims will
increase by $20, from $1,670 to $1,690. It is important to note that
the ``real'' values of the fees are not actually increasing, since real
values account for the effect of inflation. In real terms, the values
of the fees are simply being adjusted to account for the changes in the
prices of goods and services produced in the United States.
The calculations that resulted in the new fees are included in the
table below:
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\1\ The Existing Fee was established by the 2020 (FY 2021) cost
recovery fee update rule published on October 9, 2020 (85 FR 64056),
effective October 9, 2020.
\2\ The Existing Value is the figure from the New Value column
in the previous year's rule.
\3\ From 4th Quarter 2019 (112.950) to 4th Quarter 2020
(114.368), the IPD-GDP increased by 1.26 percent. The value in the
IPD-GDP Increase column is 1.26 percent of the ``Existing Value.''
\4\ The sum of the ``Existing Value'' and the ``IPD-GDP
Increase'' is the ``New Value.''
\5\ The ``New Fee'' for FY 2022 is the ``New Value'' rounded to
the nearest $5 for values equal to or greater than $1, or rounded to
the nearest penny for values under $1.

----------------------------------------------------------------------------------------------------------------
Existing IPD-GDP
Fixed cost recovery fees fee \1\ (FY Existing increase New value New fee \5\
2021) value \2\ \3\ \4\ (FY 2022)
----------------------------------------------------------------------------------------------------------------
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150):
Noncompetitive lease application........... $445 $444.321 $5.598 $449.919 $450
Competitive lease application.............. 170 172.431 2.172 174.603 175
Assignment and transfer of record title or 100 99.470 1.253 100.723 100
operating rights..........................
Overriding royalty transfer, payment out of 15 13.260 0.167 13.427 15
production................................
Name change, corporate merger or transfer 230 232.096 2.924 235.020 235
to heir/devisee...........................
Lease consolidation........................ 490 490.726 6.183 496.909 495
Lease renewal or exchange.................. 445 444.321 5.598 449.919 450
Lease reinstatement, Class I............... 85 86.197 1.086 87.283 85
Leasing under right-of-way................. 445 444.321 5.598 449.919 450
Geophysical exploration permit application-- 25 27.142 0.341 27.483 25
Alaska....................................
Renewal of exploration permit--Alaska...... 25 27.142 0.341 27.483 25
Geothermal (part 3200):
Noncompetitive lease application........... 445 444.321 5.598 449.919 450
Competitive lease application.............. 170 172.431 2.172 174.603 175
Assignment and transfer of record title or 100 99.470 1.253 100.723 100
operating right...........................
Name change, corporate merger or transfer 230 232.096 2.924 235.020 235
to heir/devisee...........................
Lease consolidation........................ 490 490.726 6.183 496.909 495
Lease reinstatement........................ 85 86.197 1.086 87.283 85
Nomination of lands........................ 125 124.143 1.564 125.707 125
Plus per acre nomination fee............... 0.12 0.122 0.001 0.123 0.12
Site license application................... 65 66.313 0.835 67.148 65
Assignment or transfer of site license..... 65 66.313 0.835 67.148 65
Coal (parts 3400, 3470):
License to mine application................ 15 13.260 0.167 13.427 15
Exploration license application............ 365 364.735 4.595 369.330 370
Lease or lease interest transfer........... 75 72.960 0.919 73.879 75
Leasing of Solid Minerals Other Than Coal and
Oil Shale (parts 3500, 3580):
Applications other than those listed below. 40 39.792 0.501 40.293 40
Prospecting permit amendment............... 75 72.960 0.919 73.879 75
Extension of prospecting permit............ 120 119.366 1.504 120.870 120
Lease modification or fringe acreage lease. 35 33.168 0.417 33.584 35
Lease renewal.............................. 570 570.323 7.186 577.509 580
Assignment, sublease, or transfer of 35 33.168 0.417 33.585 35
operating rights..........................
Transfer of overriding royalty............. 35 33.168 0.417 33.585 35
Use permit................................. 35 33.168 0.417 33.585 35
Shasta and Trinity hardrock mineral lease.. 35 33.168 0.417 33.585 35
Renewal of existing sand and gravel lease 35 33.168 0.417 33.585 35
in Nevada.................................
Multiple Use; Mining (Group 3700):
Notice of protest of placer mining 15 13.260 0.167 13.427 15
operations................................

[[Page 54638]]

Mining Law Administration (parts 3800, 3810,
3830, 3850, 3860, 3870):
Application to open lands to location...... 15 13.260 0.167 13.427 15
Notice of location......................... 20 19.884 0.250 20.134 20
Amendment of location...................... 15 13.260 0.167 13.427 15
Transfer of mining claim/site.............. 15 13.260 0.167 13.427 15
Recording an annual FLPMA filing........... 15 13.260 0.167 13.427 15
Deferment of assessment work............... 120 119.366 1.504 120.870 120
Recording a notice of intent to locate 35 33.168 0.417 33.585 35
mining claims on Stockraising Homestead
Act lands.................................
Mineral patent adjudication (more than ten 3,340 3,342.351 42.113 3,384.464 3,385
claims)...................................
(ten or fewer claims).................. 1,670 1,671.158 21.056 1,692.214 1,690
Adverse claim.............................. 120 119.366 1.504 120.870 120
Protest.................................... 75 72.960 0.919 73.879 75
Oil Shale Management (parts 3900, 3910, 3930):
Exploration license application............ 350 349.837 4.407 354.244 355
Assignment or sublease of record title or 70 71.159 0.896 72.055 70
overriding royalty........................
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III. How Fees Are Adjusted

The BLM took the base values (or ``existing values'') upon which it
derived the FY 2021 cost recovery fees (or ``existing fees'') and
multiplied them by the percent change in the IPD-GDP (1.26 percent for
this update) to generate the ``IPD-GDP increases'' (in dollars). The
BLM then added the ``IPD-GDP increases'' to the ``existing values'' to
generate the ``new values.'' The BLM then calculated the ``new fees''
by rounding the ``new values'' to the closest multiple of $5 for fees
equal to or greater than $1, or to the nearest cent for fees under $1.
The ``new fees'' are the updated cost recovery fees for FY 2022.
The source for IDP-GDP data is the U.S. Department of Commerce,
Bureau of Economic Analysis, specifically, ``Table 1.1.9. Implicit
Price Deflators for Gross Domestic Product,'' which the BLM accessed on
May 13, 2021, on the web at <a href="https://apps.bea.gov/iTable/iTable.cfm?reqid=19&step=2#reqid=19&step=3&isuri=1&1921=survey&1903=13">https://apps.bea.gov/iTable/iTable.cfm?reqid=19&step=2#reqid=19&step=3&isuri=1&1921=survey&1903=13</a>.

IV. Procedural Matters

Regulatory Planning and Review (Executive Order 12866)

This document is not a significant rule, and the Office of
Management and Budget has not reviewed this final rule under Executive
Order 12866.
The BLM has determined that this final rule will not have an annual
effect on the economy of $100 million or more. It will not adversely
affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities. The
changes in this rule are much smaller than those in the 2005 Cost
Recovery Rule, which did not approach the threshold in Executive Order
12866. For instructions on how to view a copy of the analysis prepared
in conjunction with the 2005 Cost Recovery Rule, please contact one of
the persons listed in the FOR FURTHER INFORMATION CONTACT section
above.
This final rule will not create inconsistencies or otherwise
interfere with an action taken or planned by another agency. This rule
does not change the relationships of the onshore minerals programs with
other agencies' actions. These relationships are included in agreements
and memoranda of understanding that will not change with this rule.
In addition, this final rule does not materially affect the
budgetary impact of entitlements, grants, or loan programs, or the
rights and obligations of their recipients. This rule applies an
inflationary adjustment factor to existing user fees for processing
certain actions associated with the onshore minerals programs.
Finally, this final rule will not raise novel legal or policy
issues. As explained earlier, this rule simply implements an annual
process to account for inflation that was adopted by and explained in
the 2005 Cost Recovery Rule.

The Regulatory Flexibility Act

This final rule will not have a significant economic effect on a
substantial number of small entities as defined under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). As a result, a Regulatory
Flexibility Analysis is not required. The Small Business Administration
(SBA) defines small entities as individual, limited partnerships, or
small companies considered to be at arm's length from the control of
any parent companies if they meet the following size requirements as
established for each North American Industry Classification System
(NAICS) code:

<bullet> Iron ore mining (NAICS code 212210): 750 or fewer employees
<bullet> Gold ore mining (NAICS code 212221): 1,500 or fewer employees
<bullet> Silver ore mining (NAICS code 212222): 250 or fewer employees
<bullet> Uranium-Radium-Vanadium ore mining (NAICS code 212291): 250 or
fewer employees
<bullet> All Other Metal ore mining (NAICS code 212299): 750 or fewer
employees
<bullet> Bituminous Coal and Lignite Surface Mining (NAICS code
212111): 1,250 or fewer employees
<bullet> Bituminous Coal Underground Mining (NAICS code 212112): 1,500
or fewer employees
<bullet> Crude Petroleum Extraction (NAICS code 211120): 1,250 or fewer
employees
<bullet> Natural Gas Extraction (NAICS code 211130): 1,250 or fewer
employees
<bullet> All Other Non-Metallic Mineral Mining (NAICS code 212399): 500
or fewer employees

The SBA would consider many, if not most, of the operators with
whom the BLM works in the onshore minerals programs to be small
entities. The BLM notes that this final rule does not affect service
industries, for which the SBA has a different definition of ``small
entity.''
The final rule may affect a large number of small entities because
15 fees for activities on public lands will be increased. The
adjustments result in no increase in the fees for processing 33 actions
relating to the BLM's minerals programs. The highest adjustment, in
dollar terms, is for adjudications of mineral patent applications
involving

[[Page 54639]]

more than 10 mining claims; that fee will increase by $45. It is
important to note that the ``real'' values of the fees are not actually
increasing, since real values account for the effect of inflation. In
real terms, the values of the fees are simply being adjusted to account
for the changes in the prices of goods and services produced in the
United States. Accordingly, the BLM has concluded that the economic
effect of the rule's changes will not be significant, even for small
entities.
For the 2005 Cost Recovery Rule, the BLM completed a Regulatory
Flexibility Act threshold analysis, which is available for public
review in the administrative record for that rule. For instructions on
how to view a copy of that analysis, please contact one of the persons
listed in the FOR FURTHER INFORMATION CONTACT section above. The
analysis for the 2005 Cost Recovery Rule concluded that the fees would
not have a significant economic effect on a substantial number of small
entities. The fee increases implemented in this rule are substantially
smaller than those provided for in the 2005 Cost Recovery Rule.

The Small Business Regulatory Enforcement Fairness Act

This final rule is not a ``major rule'' as defined at 5 U.S.C.
804(2). The final rule will not have an annual effect on the economy
greater than $100 million; it will not result in major cost or price
increases for consumers, industries, government agencies, or regions;
and it will not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
Accordingly, a Small Entity Compliance Guide is not required.

Executive Order 13132, Federalism

This final rule will not have a substantial direct effect on the
States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government. In accordance with Executive Order 13132,
the BLM therefore finds that the final rule does not have federalism
implications, and a federalism assessment is not required.

The Paperwork Reduction Act of 1995

This final rule does not contain information-collection
requirements that require a control number from the Office of
Management and Budget in accordance with the Paperwork Reduction Act of
1995 (44 U.S.C. 3501-3521). After the effective date of this rule, the
new fees may affect the non-hour burdens associated with the following
control numbers:
Oil and Gas
(1) 1004-0034, which expires August 31, 2021; \6\
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\6\ A renewal request for control number 1004-0034 was submitted
to the Office of Management and Budget on May 5, 2021.
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(2) 1004-0137, which expires October 31, 2021;
(3) 1004-0162, which expires October 31, 2021;
(4) 1004-0185, which expires December 31, 2021;
Geothermal
(5) 1004-0132, which expires July 31, 2023;
Coal
(6) 1004-0073, which expires April 30, 2023;
Mining Claims
(7) 1004-0025, which expires February 28, 2022;
(8) 1004-0114, which expires April 30, 2023; and
Leasing of Solid Minerals Other Than Oil Shale
(9) 1004-0121, which expires October 31, 2022.

Takings Implication Assessment (Executive Order 12630)

As required by Executive Order 12630, the BLM has determined that
this final rule will not cause a taking of private property. No private
property rights will be affected by a rule that merely updates fees.
The BLM therefore certifies that this final rule does not represent a
governmental action capable of interference with constitutionally
protected property rights.

Civil Justice Reform (Executive Order 12988)

In accordance with Executive Order 12988, the BLM finds that this
final rule will not unduly burden the judicial system and meets the
requirements of sections 3(a) and 3(b)(2) of the Executive order.

The National Environmental Policy Act (NEPA)

The BLM has determined that this final rule qualifies as a routine
financial transaction and a regulation of an administrative, financial,
legal, or procedural nature that is categorically excluded from
environmental review under NEPA pursuant to 43 CFR 46.205 and 46.210(c)
and (i). The final rule does not meet any of the 12 criteria for
exceptions to categorical exclusions listed at 43 CFR 46.215.
Therefore, neither an environmental assessment nor an environmental
impact statement is required in connection with the rule (40 CFR
1508.4).

The Unfunded Mandates Reform Act of 1995

The BLM has determined that this final rule is not significant
under the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq.,
because it will not result in State, local, private sector, or tribal
government expenditures of $100 million or more in any one year, 2
U.S.C. 1532. This rule will not significantly or uniquely affect small
governments. Therefore, the BLM is not required to prepare a statement
containing the information required by the Unfunded Mandates Reform
Act.

Consultation and Coordination With Indian Tribal Governments (Executive
Order 13175)

In accordance with Executive Order 13175, the BLM has determined
that this final rule does not include policies that have tribal
implications. Specifically, the rule would not have substantial direct
effects on one or more Indian Tribes. Consequently, the BLM did not
utilize the consultation process set forth in Section 5 of the
Executive order.

Information Quality Act

In developing this final rule, the BLM did not conduct or use a
study, experiment, or survey requiring peer review under the
Information Quality Act (Pub. L. 106-554).

Effects on the Nation's Energy Supply (Executive Order 13211)

In accordance with Executive Order 13211, the BLM has determined
that this final rule is not likely to have a significant adverse effect
on the supply, distribution, or use of energy. It merely adjusts
certain administrative cost recovery fees to account for inflation.

Author

The principal author of this final rule is Faith Bremner of the
Division of Regulatory Affairs, Bureau of Land Management.

List of Subjects in 43 CFR Part 3000

Public lands--mineral resources, Reporting and recordkeeping
requirements.

For reasons stated in the preamble, the Bureau of Land Management
amends 43 CFR part 3000 as follows:

[[Page 54640]]

PART 3000--MINERALS MANAGEMENT: GENERAL

0
1. The authority citation for part 3000 continues to read as follows:

Authority: 16 U.S.C. 3101 et seq.; 30 U.S.C. 181 et seq., 301-
306, 351-359, and 601 et seq.; 31 U.S.C. 9701; 40 U.S.C. 471 et
seq.; 42 U.S.C. 6508; 43 U.S.C. 1701 et seq.; and Pub. L. 97-35, 95
Stat. 357.

Subpart 3000--General

0
2. Amend Sec. 3000.12 by revising paragraph (a) to read as follows:

Sec. 3000.12 What is the fee schedule for fixed fees?

(a) The table in this section shows the fixed fees that must be
paid to the BLM for the services listed for Fiscal Year (FY) 2022.
These fees are nonrefundable and must be included with documents filed
under this chapter. Fees will be adjusted annually according to the
change in the Implicit Price Deflator for Gross Domestic Product (IPD-
GDP) by way of publication of a final rule in the Federal Register and
will subsequently be posted on the BLM website (<a href="https://www.blm.gov">https://www.blm.gov</a>)
before October 1 each year. Revised fees are effective each year on
October 1.

Table 1 to Paragraph (a)--FY 2022 Processing and Filing Fee Table
------------------------------------------------------------------------
Document/action FY 2022 fee
------------------------------------------------------------------------
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150):
Noncompetitive lease application....................... $450
Competitive lease application.......................... 175
Assignment and transfer of record title or operating 100
rights................................................
Overriding royalty transfer, payment out of production. 15
Name change, corporate merger or transfer to heir/ 235
devisee...............................................
Lease consolidation.................................... 495
Lease renewal or exchange.............................. 450
Lease reinstatement, Class I........................... 85
Leasing under right-of-way............................. 450
Geophysical exploration permit application--Alaska..... 25
Renewal of exploration permit--Alaska.................. 25
Geothermal (part 3200):
Noncompetitive lease application....................... 450
Competitive lease application.......................... 175
Assignment and transfer of record title or operating 100
rights................................................
Name change, corporate merger or transfer to heir/ 235
devisee...............................................
Lease consolidation.................................... 495
Lease reinstatement.................................... 85
Nomination of lands.................................... 125
plus per acre nomination fee....................... 0.12
Site license application............................... 65
Assignment or transfer of site license................. 65
Coal (parts 3400, 3470):
License to mine application............................ 15
Exploration license application........................ 370
Lease or lease interest transfer....................... 75
Leasing of Solid Minerals Other Than Coal and Oil Shale
(parts 3500, 3580):
Applications other than those listed below............. 40
Prospecting permit application amendment............... 75
Extension of prospecting permit........................ 120
Lease modification or fringe acreage lease............. 35
Lease renewal.......................................... 580
Assignment, sublease, or transfer of operating rights.. 35
Transfer of overriding royalty......................... 35
Use permit............................................. 35
Shasta and Trinity hardrock mineral lease.............. 35
Renewal of existing sand and gravel lease in Nevada.... 35
Public Law 359; Mining in Powersite Withdrawals: General
(part 3730):
Notice of protest of placer mining operations.......... 15
Mining Law Administration (parts 3800, 3810, 3830, 3860,
3870):
Application to open lands to location.................. 15
Notice of location \1\................................. 20
Amendment of location.................................. 15
Transfer of mining claim/site.......................... 15
Recording an annual FLPMA filing....................... 15
Deferment of assessment work........................... 120
Recording a notice of intent to locate mining claims on 35
Stockraising Homestead Act lands......................
Mineral patent adjudication............................ * 3,385
** 1,690
Adverse claim.......................................... 120
Protest................................................ 75
Oil Shale Management (parts 3900, 3910, 3930):
Exploration license application........................ 355
Application for assignment or sublease of record title 70
or overriding royalty.................................
------------------------------------------------------------------------
\1\ To record a mining claim or site location, this processing fee along
with the initial maintenance fee and the one-time location fee
required by statute (43 CFR part 3833) must be paid.
* (more than 10 claims).

[[Page 54641]]

** (10 or fewer claims).

* * * * *

Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land and Minerals Management.
[FR Doc. 2021-21514 Filed 10-1-21; 8:45 am]
BILLING CODE 4310-84-P

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