Rule2023-21191

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 28, 2023
Effective
October 1, 2023

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

<html>
<head>
<title>Federal Register, Volume 88 Issue 187 (Thursday, September 28, 2023)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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, <a href="/cdn-cgi/l/email-protection#f1889798949d9582b1939d9cdf969e87"><span class="__cf_email__" data-cfemail="94edf2fdf1f8f0e7d4f6f8f9baf3fbe2">[email&#160;protected]</span></a>; Rebecca Good, Acting 
Chief, Division of Solid Minerals, 307-251-3487, <a href="/cdn-cgi/l/email-protection#1260757d7d7652707e7f3c757d64"><span class="__cf_email__" data-cfemail="0e7c6961616a4e6c626320696178">[email&#160;protected]</span></a>; or 
Faith Bremner, Regulatory Analyst, Division of Regulatory Affairs, 
<a href="/cdn-cgi/l/email-protection#51373323343c3f342311333d3c7f363e27"><span class="__cf_email__" data-cfemail="5432362631393a3126143638397a333b22">[email&#160;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. 
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 <a href="https://apps.bea.gov/iTable/?1301=i&1303=13&ReqID=13&isuri=1&step=3">https://apps.bea.gov/iTable/?1301=i&1303=13&ReqID=13&isuri=1&step=3</a>. 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 <a href="https://fred.stlouisfed.org/series/CPIAUCSL">https://fred.stlouisfed.org/series/CPIAUCSL</a>. 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:

<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 
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 
(<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 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


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Indexed from Federal Register on September 28, 2023.

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.