Rule2022-20337
Minerals Management: Adjustment of Cost Recovery Fees
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 21, 2022
Effective
October 1, 2022
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
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).
Full Text
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<title>Federal Register, Volume 87 Issue 182 (Wednesday, September 21, 2022)</title>
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[Federal Register Volume 87, Number 182 (Wednesday, September 21, 2022)]
[Rules and Regulations]
[Pages 57637-57643]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20337]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3000
[223.LLHQ300000.L13100000.PP0000]
RIN 1004-AE86
Minerals Management: Adjustment of Cost Recovery Fees
AGENCY: Bureau of Land Management, Interior.
ACTION: Final rule.
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SUMMARY: This final rule updates the fees set forth in the Department
of the Interior's onshore mineral resources regulations for the
processing of certain minerals program-related actions. It also adjusts
certain filing fees for minerals-related documents. These updated fees
include those for actions such as lease renewals, mineral patent
adjudications, and Applications for Permits to Drill (APDs).
DATES: This final rule is effective on October 1, 2022.
ADDRESSES: You may send inquiries or suggestions to Director (630),
Bureau of
[[Page 57638]]
Land Management, 1849 C St. NW, Room 5646, Washington, DC 20240;
Attention: RIN 1004-AE86.
FOR FURTHER INFORMATION CONTACT: Lonny R. Bagley, Acting Chief,
Division of Fluid Minerals, 307-622-6956, <a href="/cdn-cgi/l/email-protection#c9a5aba8aea5acb089aba5a4e7aea6bf"><span class="__cf_email__" data-cfemail="f29e9093959e978bb2909e9fdc959d84">[email protected]</span></a>; Lindsey
Curnutt, Chief, Division of Solid Minerals, 775-824-2910,
<a href="/cdn-cgi/l/email-protection#e4888791968a919090a4868889ca838b92"><span class="__cf_email__" data-cfemail="69050a1c1b071c1d1d290b0504470e061f">[email protected]</span></a>; or Faith Bremner, Regulatory Analyst, Division of
Regulatory Affairs, <a href="/cdn-cgi/l/email-protection#77111505121a19120537151b1a59101801"><span class="__cf_email__" data-cfemail="4c2a2e3e292122293e0c2e2021622b233a">[email protected]</span></a>. Individuals in the United States
who are deaf, deafblind, hard of hearing, or have a speech disability
may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications
relay services for contacting Mr. Bagley. Individuals outside the
United States should use the relay services offered within their
country to make international calls to the point-of-contact in the
United States.
SUPPLEMENTARY INFORMATION:
I. Background
The Bureau of Land Management (BLM) has authority to charge fees
for processing applications and other documents relating to public
lands under section 304 of the Federal Land Policy and Management Act
of 1976 (FLPMA), 43 U.S.C. 1734. In 2005, the BLM published a final
cost recovery rule (70 FR 58854) that established new fees or revised
fees and service charges for processing documents related to its
minerals programs (``2005 Cost Recovery Rule''). In addition, the 2005
Cost Recovery Rule also established the method that the BLM would use
to adjust those fees and service charges for inflation on an annual
basis.
The regulations at 43 CFR 3000.12(a) provide that the BLM will
annually adjust fees established in Subchapter C (43 CFR parts 3000-
3900) according to changes in the Implicit Price Deflator for Gross
Domestic Product (IPD-GDP), which is published quarterly by the U.S.
Department of Commerce. See also 43 CFR 3000.10. This final rule
updates those fees and service charges consistent with that direction.
The fee adjustments in this final rule are based on the mathematical
formula set forth in the 2005 Cost Recovery Rule. The public had an
opportunity to comment on that adjustment procedure as part of the 2005
rulemaking. Accordingly, the Department of the Interior for good cause
finds under 5 U.S.C. 553(b)(B) and (d)(3) that notice and public
comment procedures are unnecessary and that the fee adjustments in this
final rule may be effective less than 30 days after publication. See 43
CFR 3000.10(c).
For the first time, this year's annual cost recovery rule includes
an inflation adjustment to the BLM's APD fee. Between 2016 and 2020,
the BLM adjusted the APD fee through a series of annual instruction
memoranda. In 2021, the BLM issued a Federal Register Notice to
increase the APD fee. In an effort to be more transparent, the BLM last
year adjusted the fee through publication of a notice in the Federal
Register (86 FR 58095, October 20, 2021). In order to reduce the BLM's
publication burden and make it easier for the public to locate the
fees, the BLM is now including the annual APD fee adjustment in this
final rule, along with the other minerals-program-related fees that the
BLM adjusts each year. The BLM plans to include the APD adjustment in
its annual minerals cost recovery final rule going forward.
Section 3021(b) of the National Defense Authorization Act of 2015
(Pub. L. 113-291; 30 U.S.C. 191(d)) (the Act) directs the BLM to
collect a fee for each new APD submitted to the BLM for fiscal years
(FY) 2016 through 2026 and requires the fee amount to be adjusted
annually for inflation. The Act set the initial fee amount at $9,500 as
of October 1, 2015, with updated annual fee amounts to be indexed for
United States dollar inflation from that date as measured by the
Consumer Price Index (CPI). 30 U.S.C. 191(d)(2). The CPI is used only
for the APD fee inflation adjustment while the IPD-GDP is used for all
the other fees that are being adjusted for inflation. Public comment
procedures are unnecessary for this adjustment as the authorizing
statute does not give the BLM the discretion to vary the amount of the
inflation adjustment for the APD to reflect any views or suggestions
provided by commenters.
II. Discussion of Final Rule
As set forth in the 2005 Cost Recovery Rule, the updates for 48 of
the fees covered by this rule are based on the change in the IPD-GDP.
The BLM's minerals program publishes the updated cost recovery fees
annually, at the start of each fiscal year.
This final rule updates the current (FY 2022) cost recovery fees
for use in FY 2023. The current fees were set by the cost recovery fee
rule published on October 4, 2021 (86 FR 54636), effective October 4,
2021. The update in this final rule adjusts the FY 2022 fees based on
the change in the IPD-GDP from the 4th Quarter of 2020 to the 4th
Quarter of 2021.
As required by the Act, the BLM is updating the APD fee based on
the percentage change in the U.S. Bureau of Labor Statistics' Consumer
Price Index for all goods and all urban consumers (CPI-U). Between 2016
and 2021, the BLM adjusted the APD fee based on CPI-U data from August
of the previous calendar year to August of the current calendar year.
This year, in order to accommodate the publishing schedule of this
final rule, the BLM is adjusting the APD fee based on CPI-U data from
August 2021 to June 2022. In future years, the APD fee adjustment will
be based on data from June of the previous calendar year to June of the
current calendar year. This change will allow the BLM to publish its
annual cost recovery rule, which will include the APD fee increase, in
time to start collecting the adjusted fee at the start of each fiscal
year.
Under this final rule, 15 fees will remain the same and 33 fees
will increase. The filing fees are not adjusted if the change is less
than $5. For example, if inflation adjusted a fee from $14.10 to
$17.24, the filing fee would remain at $15. Of the 33 fees that are
being increased by this final rule, 13 fees will increase by $5 each,
and six fees will increase by $10. Two fees will increase by $15, two
fees by $20, three fees by $25, and three fees by $30. The largest
increase, $905, will be applied to the APD fee, which will increase
from $10,900 to $11,805. The fee for adjudicating a patent application
containing more than 10 claims will increase by $200--from $3,385 to
$3,585. The fee for adjudicating a patent application containing 10 or
fewer claims will increase by $100. The smallest increase--1 cent--will
be added to the per-acre cost of nominating lands for geothermal
leasing, which will rise from 12 cents per acre to 13 cents per acre.
It is important to note that the ``real'' values of the fees are not
actually increasing, since real values account for the effect of
inflation. In real terms, the values of the fees are simply being
adjusted to account for the changes in the prices of goods and services
produced in the United States.
The calculations that resulted in the new fees are included in the
table below:
[[Page 57639]]
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Existing IPD-GDP
Fixed cost recovery fees fee \1\ Existing increase New value New fee \5\
(FY 2022) value \2\ \3\ \4\ (FY 2023)
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Oil & Gas (parts 3100, 3110, 3120, 3130, 3150):
Competitive lease application.............. $175 $174.603 $10.301 $184.904 $185
Assignment and transfer of record title or 100 100.723 5.942 106.665 105
operating rights..........................
Overriding royalty transfer, payment out of 15 13.427 0.792 14.219 15
production................................
Name change, corporate merger or transfer 235 235.020 13.866 248.886 250
to heir/devisee...........................
Lease consolidation........................ 495 496.909 29.317 526.226 525
Lease renewal or exchange.................. 450 449.919 26.545 476.464 475
Lease reinstatement, Class I............... 85 87.283 5.149 92.432 90
Leasing under right-of-way................. 450 449.919 26.545 476.464 475
Geophysical exploration permit application-- 25 27.483 1.621 29.104 30
Alaska....................................
Renewal of exploration permit--Alaska...... 25 27.483 1.621 29.104 30
Geothermal (part 3200):
Noncompetitive lease application........... 450 449.919 26.545 476.464 475
Competitive lease application.............. 175 174.603 10.301 184.904 185
Assignment and transfer of record title or 100 100.723 5.942 106.665 105
operating right...........................
Name change, corporate merger or transfer 235 235.020 13.866 248.886 250
to heir/devisee...........................
Lease consolidation........................ 495 496.909 29.317 526.226 525
Lease reinstatement........................ 85 87.283 5.149 92.432 90
Nomination of lands........................ 125 125.707 7.416 133.123 135
Plus per acre nomination fee............... 0.12 0.123 0.007 0.130 0.13
Site license application................... 65 67.148 3.961 71.109 70
Assignment or transfer of site license..... 65 67.148 3.961 71.109 70
Coal (parts 3400, 3470):
License to mine application................ 15 13.427 0.792 14.219 15
Exploration license application............ 370 369.330 21.790 391.120 390
Lease or lease interest transfer........... 75 73.879 4.358 78.237 80
Leasing of Solid Minerals Other Than Coal and
Oil Shale (parts 3500, 3580):
Applications other than those listed below. 40 40.293 2.377 42.670 45
Prospecting permit amendment............... 75 73.879 4.358 78.237 80
Extension of prospecting permit............ 120 120.870 7.131 128.001 130
Lease modification or fringe acreage lease. 35 33.584 1.981 35.565 35
Lease renewal.............................. 580 577.509 34.073 611.582 610
Assignment, sublease, or transfer of 35 33.585 1.981 35.566 35
operating rights..........................
Transfer of overriding royalty............. 35 33.585 1.981 35.566 35
Use permit................................. 35 33.585 1.981 35.566 35
Shasta and Trinity hardrock mineral lease.. 35 33.585 1.981 35.566 35
Renewal of existing sand and gravel lease 35 33.585 1.981 35.566 35
in Nevada.................................
Multiple Use; Mining (Group 3700):
Notice of protest of placer mining 15 13.427 0.792 14.219 15
operations................................
Mining Law Administration (parts 3800, 3810,
3830, 3850, 3860, 3870):
Application to open lands to location...... 15 13.427 0.792 14.219 15
Notice of location......................... 20 20.134 1.187 21.321 20
Amendment of location...................... 15 13.427 0.792 14.219 15
Transfer of mining claim/site.............. 15 13.427 0.792 14.219 15
Recording an annual FLPMA filing........... 15 13.427 0.792 14.219 15
Deferment of assessment work............... 120 120.870 7.131 128.001 130
Recording a notice of intent to locate 35 33.585 1.981 35.566 35
mining claims on Stockraising Homestead
Act lands.................................
1Mineral patent adjudication (more than ten 3,385 3,384.464 199.683 3,584.147 3,585
claims)...................................
(ten or fewer claims).................. 1,690 1,692.214 99.840 1,792.054 1,790
Adverse claim.............................. 120 120.870 7.131 128.001 130
Protest.................................... 75 73.879 4.358 78.237 80
Oil Shale Management (parts 3900, 3910, 3930): ........... ........... ........... ........... ...........
Exploration license application............ 355 354.244 20.900 375.144 375
Assignment or sublease of record title or 70 72.055 4.251 76.306 75
overriding royalty........................
----------------------------------------------------------------------------------------------------------------
Existing Existing CPI-U New value New fee (FY
fee (FY value \7\ increase \9\ 2023) \10\
2022) \6\ \8\
----------------------------------------------------------------------------------------------------------------
Oil and Gas Operations/Production (parts 3160,
3170):
Application for Permit to Drill............ 10,900 10,900.000 905.790 11,805.790 11,805
----------------------------------------------------------------------------------------------------------------
\1\ The Existing Fee was established by the 2021 (FY 2022) cost recovery fee update rule published on October 4,
2021 (86 FR 54636), effective October 4, 2021.
\2\ The Existing Value is the figure from the New Value column in the previous year's rule.
\3\ From 4th Quarter 2020 (114.438) to 4th Quarter 2021 (121.188), the IPD-GDP increased by 5.9 percent. The
value in the IPD-GDP Increase column is 5.9 percent of the ``Existing Value.''
\4\ The sum of the ``Existing Value'' and the ``IPD-GDP Increase'' is the ``New Value.''
\5\ The ``New Fee'' for FY 2023 is the ``New Value'' rounded to the nearest $5 for values equal to or greater
than $1 or rounded to the nearest penny for values under $1.
\6\ The Existing Fee was established via a notice published in the Federal Register on October 20, 2021 (87 FR
58095), effective October 20, 2021.
[[Page 57640]]
\7\ The existing value is the adjusted CPI-U for August 2020 to August 2021. The statute requires that the APD
calculation be based on CPI-U and in the past was calculated August to August. This year, it is calculated on
an August to June timeframe. It will be calculated June to June in upcoming years.
\8\ From August 2021 to June 2022, the adjusted CPI-U increased by 8.31%.
\9\ The sum of the ``Existing Value'' and the ``CPI-U Increase'' is the ``New Value.''
\10\ The new APD fee for FY 2023 is the ``New Value'' rounded to the nearest $10.
III. How Fees Are Adjusted
The BLM took the base values (or ``existing values'') upon which it
derived the FY 2022 cost recovery fees (or ``existing fees'') and
multiplied them by the percent change in the IPD-GDP (5.9 percent for
this update) to generate the ``IPD-GDP increases'' (in dollars). The
BLM then added the ``IPD-GDP increases'' to the ``existing values'' to
generate the ``new values.'' The BLM then calculated the ``new fees''
by rounding the ``new values'' to the closest multiple of $5 for fees
equal to or greater than $1, or to the nearest cent for fees under $1.
The ``new fees'' are the updated cost recovery fees for FY 2023.
The source for IDP-GDP data is the U.S. Department of Commerce,
Bureau of Economic Analysis, specifically, ``Table 1.1.9. Implicit
Price Deflators for Gross Domestic Product,'' which the BLM accessed on
July 14, 2022, on the web at <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>.
The updated APD fee amount reflects an adjustment to the current
fee of $10,900 based on the percentage change in the CPI-U from the end
of August 2021 to the end of June 2022. The CPI-U for June 2022 is 8.3
percent higher than the CPI-U for August 2021. Increasing the 2022 fee
of $10,900 by 8.3 percent and rounding the product to the nearest $10
produces a 2023 fee of $11,805.
The source for CPI-U data is the BLS, U.S. Bureau of Labor
Statistics, Consumer Price Index for All Urban Consumers: All Items in
U.S. City Average [CPIAUCSL], retrieved from FRED, Federal Reserve Bank
of St. Louis; <a href="https://fred.stlouisfed.org/series/CPIAUCSL">https://fred.stlouisfed.org/series/CPIAUCSL</a>, accessed on
July 14, 2022.
IV. Procedural Matters
Regulatory Planning and Review (Executive Order 12866)
This document is not a significant rule, and the Office of
Management and Budget has not reviewed this final rule under Executive
Order 12866.
The BLM has determined that this final rule will not have an annual
effect on the economy of $100 million or more. It will not adversely
affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities. The
changes in today's rule are much smaller than those in the 2005 Cost
Recovery Rule, which did not approach the threshold in Executive Order
12866.
This final rule will not create inconsistencies or otherwise
interfere with an action taken or planned by another agency. This rule
does not change the relationships of the onshore minerals programs with
other agencies' actions. These relationships are included in agreements
and memoranda of understanding that will not change with this rule.
In addition, this final rule does not materially affect the
budgetary impact of entitlements, grants, or loan programs, or the
rights and obligations of their recipients. This rule applies an
inflationary adjustment factor to existing user fees for processing
certain actions associated with the onshore minerals programs.
Finally, this final rule will not raise novel legal or policy
issues. As explained earlier, this rule simply implements an annual
process to account for inflation that was adopted by and explained in
the 2005 Cost Recovery Rule.
The Regulatory Flexibility Act
This final rule will not have a significant economic effect on a
substantial number of small entities as defined under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). As a result, a Regulatory
Flexibility Analysis is not required. The Small Business Administration
defines small entities as individual, limited partnerships, or small
companies considered to be at arm's length from the control of any
parent companies if they meet the following size requirements as
established for each North American Industry Classification System
(NAICS) code:
<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
33 fees for activities on public lands will be increased. The
adjustments result in no increase in the fees for processing 15 actions
relating to the BLM's minerals programs. The highest adjustment, in
dollar terms, is for the APD fee. That fee will increase by $905, from
$10,900 to $11,805. It is important to note that the ``real'' values of
the fees are not actually increasing, since real values account for the
effect of inflation. In real terms, the values of the fees are simply
being adjusted to account for the changes in the prices of goods and
services produced in the United States. Accordingly, the BLM has
concluded that the economic effect of the rule's changes will not be
significant, even for small entities.
For the 2005 Cost Recovery Rule, the BLM completed a Regulatory
Flexibility Act threshold analysis. That analysis concluded that the
fees would not have a significant economic effect on a substantial
number of small entities. The fee increases implemented in this rule
are substantially smaller than those provided for in the 2005 Cost
Recovery Rule.
The APD fee increase is mandated by Section 3021(b) of the National
Defense Authorization Act of 2015 (Pub. L. 113-291; 30 U.S.C. 191(d))
(the Act). The Act directs the BLM to collect a fee for each new APD
submitted to the BLM for
[[Page 57641]]
fiscal years (FY) 2016 through 2026 and requires the fee amount to be
adjusted for inflation.
The Small Business Regulatory Enforcement Fairness Act
This final rule is not a ``major rule'' as defined at 5 U.S.C.
804(2). The final rule will not have an annual effect on the economy
greater than $100 million; it will not result in major cost or price
increases for consumers, industries, government agencies, or regions;
and it will not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
Accordingly, a Small Entity Compliance Guide is not required.
Executive Order 13132, Federalism
This final rule will not have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. In accordance with Executive Order 13132,
the BLM therefore finds that the final rule does not have federalism
implications, and a federalism assessment is not required.
The Paperwork Reduction Act of 1995
This final rule does not contain information-collection
requirements that require a control number from the Office of
Management and Budget in accordance with the Paperwork Reduction Act of
1995 (44 U.S.C. 3501-3521). After the effective date of this rule, the
new fees may affect the non-hour burdens associated with the following
control numbers:
Oil and Gas
(1) 1004-0034, which expires September 30, 2024;
(2) 1004-0137, which expires January 31, 2025;
(3) 1004-0162, which expires December 31, 2024;
(4) 1004-0185, which expired December 31, 2021; \11\
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\11\ A renewal request for control number 1004-0185 was
submitted to the Office of Management and Budget on November 22,
2021.
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Geothermal
(5) 1004-0132, which expires July 31, 2023;
Coal
(6) 1004-0073, which expires April 30, 2023;
Mining Claims
(7) 1004-0025, which expires July 31, 2025;
(8) 1004-0114, which expires April 30, 2023; and
Leasing of Solid Minerals Other Than Oil Shale
(9) 1004-0121, which expires October 31, 2022.
Takings Implication Assessment (Executive Order 12630)
As required by Executive Order 12630, the BLM has determined that
this final rule will not cause a taking of private property. No private
property rights will be affected by a rule that merely updates fees.
The BLM therefore certifies that this final rule does not represent a
governmental action capable of interference with constitutionally
protected property rights.
Civil Justice Reform (Executive Order 12988)
In accordance with Executive Order 12988, the BLM finds that this
final rule will not unduly burden the judicial system and meets the
requirements of sections 3(a) and 3(b)(2) of the Executive Order.
The National Environmental Policy Act (NEPA)
The BLM has determined that this final rule qualifies as a routine
financial transaction and a regulation of an administrative, financial,
legal, or procedural nature that is categorically excluded from
environmental review under NEPA pursuant to 43 CFR 46.205 and 46.210(c)
and (i). The final rule does not meet any of the 12 criteria for
exceptions to categorical exclusions listed at 43 CFR 46.215.
Therefore, neither an environmental assessment nor an environmental
impact statement is required in connection with the rule (40 CFR
1508.4).
The Unfunded Mandates Reform Act of 1995
The BLM has determined that this final rule is not significant
under the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq.,
because it will not result in State, local, private sector, or tribal
government expenditures of $100 million or more in any one year, 2
U.S.C. 1532. This rule will not significantly or uniquely affect small
governments. Therefore, the BLM is not required to prepare a statement
containing the information required by the Unfunded Mandates Reform
Act.
Consultation and Coordination With Indian Tribal Governments (Executive
Order 13175)
In accordance with Executive Order 13175, the BLM has determined
that this final rule does not include policies that have tribal
implications. Specifically, the rule would not have substantial direct
effects on one or more Indian Tribes. Consequently, the BLM did not use
the consultation process set forth in Section 5 of the Executive Order.
Information Quality Act
In developing this final rule, the BLM did not conduct or use a
study, experiment, or survey requiring peer review under the
Information Quality Act (Pub. L. 106-554).
Effects on the Nation's Energy Supply (Executive Order 13211)
In accordance with Executive Order 13211, the BLM has determined
that this final rule is not likely to have a significant adverse effect
on the supply, distribution, or use of energy. It merely adjusts
certain administrative cost recovery fees to account for inflation.
Author
The principal author of this final rule is Faith Bremner of the
Division of Regulatory Affairs, Bureau of Land Management.
List of Subjects in 43 CFR Part 3000
Public lands--mineral resources, Reporting and recordkeeping
requirements.
For reasons stated in the preamble, the Bureau of Land Management
amends 43 CFR part 3000 as follows:
PART 3000--MINERALS MANAGEMENT: GENERAL
0
1. The authority citation for part 3000 continues to read as follows:
Authority: 16 U.S.C. 3101 et seq.; 30 U.S.C. 181 et seq., 301-
306, 351-359, and 601 et seq.; 31 U.S.C. 9701; 40 U.S.C. 471 et
seq.; 42 U.S.C. 6508; 43 U.S.C. 1701 et seq.; and Pub. L. 97-35, 95
Stat. 357.
Subpart 3000--General
0
2. Amend Sec. 3000.12 by revising paragraph (a) to read as follows:
Sec. 3000.12 What is the fee schedule for fixed fees?
(a) The table in this section shows the fixed fees that must be
paid to the BLM for the services listed for Fiscal Year (FY) 2023.
These fees are nonrefundable and must be included with documents filed
under this chapter. Fees will be adjusted annually according to the
[[Page 57642]]
change in the Implicit Price Deflator for Gross Domestic Product (IPD-
GDP) and the change in the Consumer Price Index for all goods and all
urban consumers (CPI-U) by way of publication of a final rule in the
Federal Register and will subsequently be posted on the BLM website
(<a href="http://www.blm.gov">http://www.blm.gov</a>) before October 1 each year. Revised fees are
effective each year on October 1.
Table 1 to Paragraph (a)--FY 2023 Processing and Filing Fee Table
------------------------------------------------------------------------
Document/action FY 2023 fee
------------------------------------------------------------------------
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150):
Competitive lease application............... $185.
Assignment and transfer of record title or 105.
operating rights.
Overriding royalty transfer, payment out of 15.
production.
Name change, corporate merger or transfer to 250.
heir/devisee.
Lease consolidation......................... 525.
Lease renewal or exchange................... 475.
Lease reinstatement, Class I................ 90.
Leasing under right-of-way.................. 475.
Geophysical exploration permit application-- 30.
Alaska.
Renewal of exploration permit--Alaska....... 30.
Geothermal (part 3200):
Noncompetitive lease application............ 475.
Competitive lease application............... 185.
Assignment and transfer of record title or 105.
operating rights.
Name change, corporate merger or transfer to 250.
heir/devisee.
Lease consolidation......................... 525.
Lease reinstatement......................... 90.
Nomination of lands......................... 135.
plus per acre nomination fee................ 0.13.
Site license application.................... 70.
Assignment or transfer of site license...... 70.
Coal (parts 3400, 3470):
License to mine application................. 15.
Exploration license application............. 390.
Lease or lease interest transfer............ 80.
Leasing of Solid Minerals Other Than Coal and
Oil Shale (parts 3500, 3580):
Applications other than those listed below.. 45.
Prospecting permit application amendment.... 80.
Extension of prospecting permit............. 130.
Lease modification or fringe acreage lease.. 35.
Lease renewal............................... 610.
Assignment, sublease, or transfer of 35.
operating rights.
Transfer of overriding royalty.............. 35.
Use permit.................................. 35.
Shasta and Trinity hardrock mineral lease... 35.
Renewal of existing sand and gravel lease in 35.
Nevada.
Public Law 359; Mining in Powersite Withdrawals:
General (part 3730):
Notice of protest of placer mining 15.
operations.
Mining Law Administration (parts 3800, 3810,
3830, 3860, 3870):
Application to open lands to location....... 15.
Notice of location *........................ 20.
Amendment of location....................... 15.
Transfer of mining claim/site............... 15.
Recording an annual FLPMA filing............ 15.
Deferment of assessment work................ 130.
Recording a notice of intent to locate 35.
mining claims on Stockraising Homestead Act
lands.
Mineral patent adjudication................. 3,585 (more than 10
claims).
1,790 (10 or fewer
claims).
Adverse claim............................... 130.
Protest..................................... 80.
Oil Shale Management (parts 3900, 3910, 3930):
Exploration license application............. 375.
Application for assignment or sublease of 75.
record title or overriding royalty.
Onshore Oil and Gas Operations and Production
(parts 3160, 3170):
Application for Permit to Drill............. 11,805.
------------------------------------------------------------------------
* To record a mining claim or site location, this processing fee along
with the initial maintenance fee and the one-time location fee
required by statute (43 CFR part 3833) must be paid.
[[Page 57643]]
* * * * *
Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land and Minerals Management.
[FR Doc. 2022-20337 Filed 9-20-22; 8:45 am]
BILLING CODE 4310-84-P
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</html>Indexed from Federal Register on September 21, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.