Rule2024-14301
Required Fees for Mining Claims or Sites
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
July 1, 2024
Effective
July 1, 2024
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
The Bureau of Land Management (BLM) is issuing this final rule to make statutorily required adjustments to its location and maintenance fees for unpatented mining claims, mill sites, and tunnel sites. These adjustments reflect changes in the Consumer Price Index (CPI), which is published by the Bureau of Labor Statistics.
Full Text
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<title>Federal Register, Volume 89 Issue 126 (Monday, July 1, 2024)</title>
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[Federal Register Volume 89, Number 126 (Monday, July 1, 2024)]
[Rules and Regulations]
[Pages 54364-54368]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14301]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3830
[BLM_HQ_FRN_MO4500178302]
RIN 1004-AE98
Required Fees for Mining Claims or Sites
AGENCY: Bureau of Land Management, Interior.
ACTION: Final rule.
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SUMMARY: The Bureau of Land Management (BLM) is issuing this final rule
to make statutorily required adjustments to its location and
maintenance fees for unpatented mining claims, mill sites, and tunnel
sites. These adjustments reflect changes in the Consumer Price Index
(CPI), which is published by the Bureau of Labor Statistics.
DATES: The final rule is effective July 1, 2024.
ADDRESSES:
Mail: Director, Bureau of Land Management, U.S. Department of the
Interior, 1849 C St. NW, Washington, DC 20240, Attention: ``RIN 1004-
AE98''.
Personal or messenger delivery: U.S. Department of the Interior,
Bureau of Land Management, 1849 C St. NW, Washington, DC 20240,
Attention: Regulatory Affairs.
FOR FURTHER INFORMATION CONTACT: John Grasso at (303) 239-3777 in the
Solid Minerals Group as to program matters or the substance of the
final rule, or Stephen Pollard in the Division of Regulatory Affairs at
(202) 993-2596 for information relating to the rulemaking process
generally. Persons who use a telecommunications device for the deaf
(TDD) may call the Federal Information Relay Service (FIRS) at 1-800-
877-8339, 24 hours a day, seven days a week to contact the above
individuals.
SUPPLEMENTARY INFORMATION:
I. Background
II. Discussion of the Administrative Final Rule
III. Procedural Matters
I. Background
The Mining Law of 1872 allows individuals and corporations to stake
(or ``locate'') mining claims on certain Federal land. Originally,
annual assessment work and related filings were required by statute in
order to maintain an unpatented mining claim or site. 30 U.S.C. 28-28e;
43 U.S.C. 1744(a) and (c).
Beginning in fiscal year 1993, mining claimants have been required
to pay an annual fee in lieu of performing annual assessment work and
making annual filings. Mining claimants locating new claims or sites
must pay an initial ``maintenance'' fee for the assessment year in
which the mining claim was located and also pay a one-time location
fee. See 30 U.S.C. 28f-28l.
This rule implements 30 U.S.C. 28j(c), which requires adjustments
to the location and maintenance fees ``to reflect changes in the
Consumer Price Index (CPI) published by the Bureau of Labor Statistics
(BLS) of the Department of Labor every 5 years after August 10, 1993,
or more frequently if the Secretary determines an adjustment to be
reasonable.'' Section 28j(c) also requires that mining claimants be
provided ``notice of any adjustment made under this subsection not
later than July 1 of any year in which the adjustment is made'' and
that any fee adjustment ``shall begin to apply the first assessment
year which begins after adjustment is made.''
As enacted in 1993, the one-time location fee was $25, and the
annual maintenance fee was $100 per mining claim or site. In 2004, the
BLM increased the amount of the location and maintenance fees to $30
and $125 respectively, based on the change in the CPI from September 1,
1993, to December 31, 2003 (69 FR 40294 (July 1, 2004)). In 2009, the
BLM increased the amount of the location and maintenance fees to $34
and $140,
[[Page 54365]]
respectively, based on the change in the CPI from December 31, 2003, to
December 31, 2008 (74 FR 30959). On July 27, 2012, the BLM issued a
rule (77 FR 44155) that also amended 43 CFR 3830.21, based on a law
that changed the way the maintenance fee is calculated for unpatented
placer mining claims. Then in 2014, the BLM increased the amount of the
location fee to $37 and increased the maintenance fee to $155 for lode
mining claims or sites and $155 for each 20 acres or portion thereof
for placer mining claims, based on the change in the CPI from December
31, 2008, to December 31, 2013 (79 FR 36662). In 2019, the BLM
increased the amount of the location fee to $40 and increased the
maintenance fee to $165 for lode mining claims or sites and $165 for
each 20 acres or portion thereof for placer mining claims, based on the
change in the CPI from December 31, 2014, to December 31, 2019 (84 FR
31219).
The adjustments made in this rule are based upon the change in the
CPI from December 31, 2018, to December 31, 2023, as reported by the
BLS in the ``CPI Databases'' (<a href="https://www.bls.gov/cpi/data.htm">https://www.bls.gov/cpi/data.htm</a>). The
particular series used for this update is the ``All Urban Consumers
(Current Series) (Consumer Price Index--CPI-U).''
The calculated change is 22.1 percent from December 31, 2018,
through December 31, 2023. A calculated value for the fees was obtained
by inflating the location and maintenance fees established in the 2019
rulemaking by 22.1 percent. The new location fee is $49, and the new
maintenance fee is $200 per lode mining claim or site and $200 for each
20 acres or portion thereof for placer mining claims. The new location
fee is based on rounding the calculated value to the nearest $1. The
maintenance fee is based on rounding the calculated value to the
nearest $5.
Mining claimants must pay the new location fee and maintenance fee
for any mining claim or site located on or after September 1, 2024.
Mining claimants must pay the new maintenance fee to maintain existing
mining claims and sites beginning with the 2025 maintenance year. The
maintenance fee is due on or before September 1, 2024. Under 43 CFR
3834.23(d), mining claimants who have already submitted maintenance
fees for the 2025 assessment year, and those who timely pay the 2025
assessment year maintenance fee based on the fee in effect immediately
before the adjustment was made, will be given an opportunity to pay the
additional amount without penalty upon notice from the BLM. The BLM
will also give claimants the opportunity to cure deficient maintenance
and location fee payments for new claims or sites located on or after
September 1, 2024, and timely received on or before December 31, 2024.
II. Discussion of the Administrative Final Rule
Why the Rule Is Being Published on a Final Basis
The BLM is adopting this final rule solely to adjust the location
and maintenance fee amounts in Sec. 3830.21. The BLM for good cause
finds under 5 U.S.C. 553(b)(3)(B) that notice and an opportunity for
public comment for this rule are unnecessary and that this rule may
properly take effect upon publication. The reason is that this rule
implements a statutory requirement to adjust the location and annual
maintenance fees at least every 5 years, and the last adjustment was
made in 2019. The statute specifies the method of calculating the fee
adjustments and prescribes the form and manner of notice of the fee
adjustment, and the BLM has no discretion in implementing the statute.
The BLM also determines under 5 U.S.C. 553(d) that there is good cause
to place the rule into effect on the date of publication, because the
adjustments made in the rule are explicitly authorized by statute.
Organization of the Final Rule
This final rule contains only the specific amendments necessary to
conform to the requirements of the statute. The amendments appear as
modifications of the fee transaction table at 43 CFR 3830.21 to change
the amount of the location and annual maintenance fees required to be
paid for each lode mining claim, mill site, or tunnel site and for each
20 acres or portion thereof for a placer mining claim.
III. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
Executive Order 12866, as amended by Executive Order 14094,
provides that the Office of Information and Regulatory Affairs (OIRA)
will review all significant rules. This rule is not significant and
OIRA will not formally review it because it does not meet one or more
of the criteria for significance as follows:
(a) This rule will not have an effect of $200 million or more on
the economy. It will not adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities. The rule increases the maintenance and location fees as
provided for by statute. We estimate that the rule will likely result
in a small increase in transfer payments from mining claimants to the
Federal Government. The fee adjustment does not change the substance of
current mining claim administration within the BLM. The total amount of
fees to be collected, including the effects of the adjustment, is
estimated to be $124 million annually, of which approximately $22.2
million will be attributable to the adjustments made in this rule.
(b) This rule will not create an inconsistency or otherwise
interfere with an action taken or planned by another agency. The rule
affects only the BLM's administration of its minerals program and does
not change the relationships of the BLM to other agencies and their
actions.
(c) This rule does not change the budgetary effects of
entitlements, grants, user fees, or loan programs or the rights or
obligations of their recipients.
(d) This rule does not raise novel legal or policy issues. It
merely updates the maintenance and location fees that BLM assesses.
Executive Order 13563 reaffirms the principles of Executive Order
12866 while calling for improvements in the nation's regulatory system
to promote predictability, to reduce uncertainty, and to use the best,
most innovative, and least burdensome tools for achieving regulatory
ends. The executive order directs agencies to consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public where these approaches are relevant, feasible,
and consistent with regulatory objectives. Executive Order 13563
emphasizes further that regulations must be based on the best available
science and that the rulemaking process must allow for public
participation and an open exchange of ideas. This rule has been
developed in a manner consistent with these requirements.
Regulatory Flexibility Act
The rule would affect business entities across many industries. The
BLM reviewed the potentially affected entities and determined the
industries to which they identify. The BLM also evaluated the extent to
which the rule would affect entities that are small businesses, as
defined by the Small Business Administration (SBA). See the Economic
and Threshold Analysis for this rule for a discussion of SBA size
standards.
The entities potentially affected by the rule locate mining claims
or sites
[[Page 54366]]
and may be actively involved in the exploration and development of
locatable minerals on Federal lands. These entities are defined by the
SBA as an individual, limited partnership, or small company considered
being at ``arm's length'' from the control of any parent companies. The
BLM does not have the authority to collect information concerning the
number of employees, whether for companies locating mining claims or
sites, or for companies actively involved in the exploration and
development of locatable minerals on Federal lands. However, by
reviewing U.S. Census Bureau data on entities involved in the
development of locatable type minerals, we can make a reasonable
conclusion about the extent to which the rule will affect small
business as defined by the SBA.
Based on statistics from the U.S. Census Bureau's 2017 Economic
Census, all of the potentially affected industries are overwhelmingly
comprised of small businesses, as defined by the SBA. Based on this
information, the rule could impact a substantial number of small
entities.
In addition to determining if a substantial number of small
entities are likely to be impacted by this final rule, the BLM must
also determine whether the final rule is anticipated to have a
significant economic impact on those small entities. The Regulatory
Flexibility Act (RFA) does not define ``significant.'' Significance
must be determined on a case-by-case basis. Significance should not be
viewed in absolute terms but should be seen as relative to the size of
the business, the size of the competitor's business, and the impact the
regulation has on larger competitors.
An analysis that looks at the individual financial circumstances,
i.e., profit margin, for each firm within an industry would help in
answering the significance question. However, such financial
information on individual claimants is not available. Even assessing an
individual entity's ability to pay is problematic as there is limited
information on most claimants. Most entities holding mining claims or
sites are either individuals or privately held companies.
At the end of FY 2023, there were approximately 24,200 claimants
holding approximately 515,000 mining claims and sites. This works out
to be an average of 21 claims or sites per claimant. Assuming the
number of claims and sites, and claimants who do not file a fee waiver
does not significantly change as a result of the rule, we estimate a
total maintenance fee increase of about $22 million per year. This
represents an average maintenance fee increase of about $892 per
claimant. The actual impact on an individual claimant will depend on a
number of factors, including the number of claims or sites that are
actually held. However, the average number of claims and sites actually
held by individuals and companies that would be considered small
entities by SBA would likely be significantly less than the 15 claims
or sites per claimant figure. This average claims-per-claimant figure
is skewed by the large number of claims and sites held by a few large
mining companies. For example, the three companies holding the most
mining claims or sites at the end of FY 2018 each held over 10,000
claims or sites. All three of those companies were large multi-national
corporations.
For the location fee increase, we estimate a total annual fee
increase of about $605,000. Assuming 69,000 new filings per year and
using the figure of approximately 24,200 total claimants, we estimate
there are approximately 3 new claims per claimant per year. The average
location fee increase will be approximately $27 per claimant.
Most importantly, however, the fees remain unchanged in real terms,
and adjusting fees for inflation does not represent a real cost
increase for claimants. For example, the maintenance fee of $165 in
2019 dollars is the same as the fee of $200 in 2024 dollars. For this
reason, and the reasons described above, the BLM has determined that
this rule will not have a significant economic impact on a substantial
number of small entities.
Congressional Review Act
This rule does not meet the criteria under 5 U.S.C. 804(2), the
Congressional Review Act. This rule:
(a) Will not have an annual effect on the economy of $200 million
or more. The revised regulation will not materially alter current BLM
policy. The fee adjustments are authorized by statute. The total amount
of fees collected, including the effects of the adjustment, is
estimated to be $124 million annually, of which $22 million is
attributable to the adjustments made in this rule.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(c) 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.
Unfunded Mandates Reform Act
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
et seq.):
This rule will not ``significantly or uniquely'' affect small
governments. A Small Government Agency Plan is unnecessary.
This rule will not produce a Federal mandate of $200 million or
greater in any year. It is not a ``significant regulatory action''
under the Unfunded Mandates Reform Act. The changes implemented in this
rule do not require anything of any non-Federal governmental entity.
Executive Order 12630, Takings
In accordance with Executive Order 12630, the BLM finds that the
rule does not have takings implications. A takings implication
assessment is not required. This rule does not substantially change BLM
policy. Nothing in this rule constitutes a taking. The Federal courts
have heard a number of suits challenging the imposition of the rental
and maintenance fees as a taking of a right, or, alternatively, as an
unconstitutional tax. The courts have upheld the fee legislation and
the BLM regulations as a proper exercise of Congressional and Executive
authorities.
Executive Order 13132, Federalism
The 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. Therefore, in accordance with Executive
Order 13132, the BLM has determined that the final rule does not have
sufficient federalism implications to warrant preparation of a
Federalism Assessment.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, the BLM finds that the
final rule does not include policies that have Tribal implications.
Because this rule does not make significant substantive changes in the
regulations and does not specifically involve Indian reservation lands
(which are closed to the operation of the Mining Law), the BLM finds
that the rule will have no implications for Indians, Indian Tribes, and
Tribal governments.
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Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This rule is not a significant energy action under the definition
in Executive Order 13211. A Statement of Energy Effects is not
required.
Executive Order 12988, Civil Justice Reform
In accordance with Executive Order 12988, the BLM finds that the
final rule does not unduly burden the judicial system, and therefore
meets the requirements of sections 3(a) and 3(b)(2) of the Order. The
BLM consulted with the Department of the Interior's Office of the
Solicitor during the drafting process.
Paperwork Reduction Act
The BLM has determined this final rule does not contain any
information collection requirements that the Office of Management and
Budget (OMB) must approve under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
National Environmental Policy Act (NEPA)
This final rule does not constitute a major Federal action
significantly affecting the quality of the human environment. A
detailed statement under NEPA is not required because this rule is part
of the routine administration of the fee legislation and is covered by
a categorical exclusion. This rule will result in no new surface
disturbing activities and therefore will have no effect on ecological
or cultural resources. In promulgating this rule, the government is
conducting routine and continuing government business of an
administrative nature having limited context and intensity. Therefore,
it is categorically excluded from environmental review under section
102(2)(C) of NEPA, pursuant to 43 CFR 46.205. The rule does not meet
any of the extraordinary circumstances criteria for categorical
exclusions listed at 43 CFR 46.215. Under Council on Environmental
Quality regulations (40 CFR 1508.4) and the environmental policies and
procedures of the Department, the term ``categorical exclusion'' means
a category of actions which do not individually or cumulatively have a
significant effect on the human environment and which have been found
to have no such effect on procedures adopted by a Federal agency and
for which, therefore, neither an environmental assessment nor an
environmental impact statement is required.
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This rule is not a significant energy action. It will not have an
adverse effect on energy supplies. To the extent that the rule affects
the mining of energy minerals (i.e., uranium and other fissionable
metals), the rule applies only a statutory adjustment of the mining
claim location and maintenance fees that the BLM has been collecting
for many years. It will not significantly change financial obligations
of the mining industry.
Author
The principal author of this final rule is John Grasso in the Solid
Minerals Group assisted by the Division of Regulatory Affairs,
Washington Office, BLM.
List of Subjects in 43 CFR Part 3830
Mines, Public lands--mineral resources, Reporting and recordkeeping
requirements.
For the reasons stated in the preamble, the BLM amends 43 CFR part
3830 as follows:
PART 3830--LOCATING, RECORDING, AND MAINTAINING MINING CLAIMS OR
SITES; GENERAL PROVISIONS
0
1. The authority citation for part 3830 continues to read as follows:
Authority: 18 U.S.C. 1001, 3571; 30 U.S.C. 22, 28, 28k, 242,
611; 31 U.S.C. 9701; 43 U.S.C. 2, 1201, 1212, 1457, 1474, 1740,
1744; 115 Stat. 414; Pub. L. 112-74, 125 Stat. 786.
Subpart D--BLM Service Charge and Fee Requirements
0
2. Amend Sec. 3830.21 by revising paragraphs (a) and (d) of the table
to read as follows:
Sec. 3830.21 What are the different types of service charges and
fees?
* * * * *
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Amount due per mining claim
Transaction or site Waiver available
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(a) Recording a mining claim or site A total sum which includes: No.
location (part 3833). (1) The processing fee for
notices of location found in
the fee schedule in Sec.
3000.12 of this chapter;.
(2) A one-time $49 location
fee; and
(3)(i) For lode claims, mill
sites and tunnel sites, an
initial $200 maintenance
fee; or
(ii) For placer claims, an
initial $200 maintenance fee
for each 20 acres of the
placer claim or portion
thereof.
* * * * * * *
(d) Maintaining a mining claim or (1) For lode claims, mill Yes. See part 3835.
site for one assessment year (part sites and tunnel sites, an
3834). annual maintenance fee of
$200 must be paid on or
before September 1 each year.
(2) For placer claims, a $200
annual maintenance fee for
each 20 acres of the placer
claim or portion thereof
must be paid on or before
September 1 each year.
* * * * * * *
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This action by the Principal Deputy Assistant Secretary is taken
pursuant to an existing delegation of authority.
Steven Feldgus,
Principal Deputy Assistant Secretary, Land and Minerals Management.
[FR Doc. 2024-14301 Filed 6-28-24; 8:45 am]
BILLING CODE 4331-29-P
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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.