[Federal Register Volume 74, Number 123 (Monday, June 29, 2009)]
[Rules and Regulations]
[Pages 30959-30962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15248]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3830
[LLWO3200000-L1999000.PP0000]
RIN 1004-AE09
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 promulgating this final
rule to make statutorily authorized 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 June 29, 2009.
ADDRESSES: You may mail inquiries to the Bureau of Land Management--
Solid Minerals Division, Room 501 LS, 1849 C Street, NW., Washington,
DC 20240-0001.
FOR FURTHER INFORMATION CONTACT: Rick Deery in the Solid Minerals
Division at (202) 452-0353. For assistance in reaching Mr. Deery,
persons who use a telecommunications device for the deaf (TDD) may call
the Federal Information Relay Service at 1 (800) 877-8339, 24 hours a
day, 7 days a week.
SUPPLEMENTARY INFORMATION:
I. Background
II. Discussion of the Final Rule
III. Procedural Matters
I. Background
The Mining Law of 1872 allows individuals and corporations to
prospect for mineral deposits in public lands, and stake (or
``locate'') a claim on the deposits discovered. Historically, annual
assessment work and related filings have been 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 ``maintenance'' fee in lieu of performing annual
assessment work and making annual filings. Mining claimants locating
new claims or sites must also pay a one-time location fee. See 30
U.S.C. 28f-28k.
This rule implements 30 U.S.C. 28j(c), which authorizes adjustments
to the location and annual maintenance fees ``to reflect changes in the
Consumer Price Index published by the Bureau of Labor Statistics 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 40294-40296
[[Page 30960]]
(July 1, 2004). The BLM has not adjusted the location and maintenance
fees since 2004, but has promulgated two rules that have affected other
aspects of the table of charges and fees at 43 CFR 3830.21, the
regulation that is amended in this rule. For example, a new regulation
issued in 2005 (43 CFR 3000.12) provides for a variety of processing
fees, some of which are included in the table at section 3830.21. 70 FR
58873 (Oct. 7, 2005); see also 72 FR 50882 (Sept. 5, 2007).
The adjustments made in this rule are based upon the change in the
CPI from December 31, 2003 to December 31, 2008, as reported by the
Bureau of Labor Statistics in the CPI Detailed Report, Data for
December 2008, Table 24C. Historical Chained Consumer Price Index for
All Urban Consumers (C-CP-U): U.S. city average, all items (http://www.bls.gov/cpi/cpid0812.pdf). The calculated change is 11.93 percent
from December 31, 2003 through December 31, 2008. A calculated value
for the fees was obtained by inflating the location and maintenance
fees established in the 2004 rulemaking by 11.93 percent.
The new location fee is $34, and the new maintenance fee is $140
per mining claim or site. 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 for any mining claim
or site located after the effective date of this final rule. Mining
claimants must pay the new maintenance fee to maintain mining claims
and sites starting from the 2010 maintenance year. These fees are due
on or before September 1, 2009. Under 43 CFR 3834.23, mining claimants
who have already submitted maintenance fees for the 2010 maintenance
year will be given an opportunity to pay the additional amount without
penalty upon notice from BLM.
II. Discussion of the Final Rule
The BLM is adopting this final rule solely to adjust the location
and maintenance fee amounts in section 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 2004. The statute specifies the method of calculation of the
fee adjustments and prescribes the form and manner of notice of the fee
adjustment. The BLM has no discretion to exercise in complying with
this statutory mandate. 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.
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 mining claim, mill site, or tunnel site.
III. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
In accordance with the criteria in Executive Order 12866, BLM has
determined that this rule is not a significant regulatory action.
The rule will not have an annual effect on the economy of
$100 million or more or 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 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 $61 million annually, of which
approximately $7 million will be attributable to the adjustments made
in this rule.
This rule will not create inconsistencies with other
agencies' actions. It does not change the relationships of the BLM to
other agencies and their actions.
This rule will not materially affect entitlements, grants,
loan programs, or the rights and obligations of their recipients. The
rule does not address any of these programs.
This rule will not raise novel legal or policy issues
because it makes no major substantive changes in the regulations. The
Constitutionality of the location and maintenance fees has been
challenged in the Federal courts. The courts have consistently upheld
the fee legislation and implementing regulations.
Regulatory Flexibility Act
The BLM certifies that this 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.) The rule
will have a minor impact because the fees paid by small entities will
be adjusted. However, the fee adjustment is authorized by statute and
the BLM has no discretion in the form or manner of making the
adjustments. A final Regulatory Flexibility Analysis is not required,
and a Small Entity Compliance Guide is not required. For the purposes
of this section a ``small entity'' is an individual, limited
partnership, or small company, at ``arm's length'' from the control of
any parent companies, with fewer than 500 employees for business
concerns engaged in mining or less than $7 million in revenue for
business concerns providing support activities for mining. This
definition accords with Small Business Administration regulations at 13
CFR 121.201.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
Will not have an annual effect on the economy of $100
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 $61 million annually, of which $7
million is attributable to the adjustments made in this rule.
Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
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 $100
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.
[[Page 30961]]
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 12988, Civil Justice Reform
In accordance with Executive Order 12988, the BLM has determined
that the 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 Office of Management and Budget has approved the information
collection requirements in the regulation that this final rule is
amending, under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et
seq., and has assigned clearance number 1004-0114.
National Environmental Policy Act
The BLM has determined that this final rule is of a procedural
nature, and part of the routine administration of the fee legislation.
Therefore, this rule is categorically excluded from environmental
review under Section 102(2)(C) of the National Environmental Policy
Act, pursuant to 43 CFR 46.210(i). In addition, this rule does not
present any of the 12 extraordinary circumstances listed in 43 CFR
46.215. Pursuant to the Council on Environmental Quality regulations
(40 CFR 1508.4) and 43 CFR 46.205, the term ``categorical exclusion''
means a category of actions which do not individually or cumulatively
have a significant effect on the human environment and that have been
found to have no such effect in procedures adopted by a Federal agency
and for which neither an environmental assessment nor an environmental
impact statement is required.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have considered the
impact of this rule on the interests of Tribal governments. Because
this rule does not specifically involve Indian reservation lands,
government-to-government relationships will remain unaffected.
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.
Authors
The principal author of this final rule is Rick Deery in the Solid
Minerals Division, Washington Office, BLM, assisted by Jean Sonneman in
the Regulatory Affairs Division, Washington Office, BLM.
List of Subjects in 43 CFR Part 3830
Land Management Bureau, Mineral royalties, Mines, Public lands--
mineral resources, Reporting and recordkeeping requirements,
Maintenance fees.
0
For the reasons stated in the preamble, and under the authority of 30
U.S.C. 28f-28k, as amended by Public Law 110-161, Division F, part
3830, Group 3800, Subchapter C, Chapter II of Title 43 of the Code of
Federal Regulations is amended as follows:
PART 3830--LOCATION OF MINING CLAIMS
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 et seq., 242, 611;
31 U.S.C. 9701; 43 U.S.C. 2, 1201, 1212, 1457, 1474, 1701 et seq.;
44 U.S.C. 3501 et seq.; 115 Stat. 414.
Subpart D--BLM Service Charge and Fee Requirements
0
2. Revise Sec. 3830.21 to read as follows:
Sec. 3830.21 What are the different types of service charges and
fees?
The following table lists service charges, maintenance fees,
location fees, and oil shale fees (all cross-references refer to this
chapter):
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Amount due per
Transaction mining claim or Waiver available
site
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(a) Recording a mining claim or (1) A total sum No.
site location (part 3833). which includes.
(i) the processing
fee for notices
of location found
in the fee
schedule in Sec.
3000.12 of this
chapter.
(ii) A one-time
$34 location fee.
(iii) An initial
$140 maintenance
fee.
(b) Amending a mining claim or The processing fee No.
site location (Sec. 3833.20). for amendment of
location found in
the fee schedule
in Sec. 3000.12
of this chapter.
(c) Transferring a mining claim The processing fee No.
or site (Sec. 3833.30). for transfer of
mining claim/site
found in the fee
schedule in Sec.
3000.12 of this
chapter.
(d) Maintaining a mining claim A $140 annual Yes, see part
or site for one assessment year maintenance fee. 3835.
(part 3834).
(e) Recording an annual FLPMA The processing fee No .
filing (Sec. 3835.30). for recording an
annual FLPMA
filing found in
the fee schedule
in Sec. 3000.12
of this chapter.
[[Page 30962]]
(f) Submitting a petition for The processing fee No.
deferment of assessment work for deferment of
(Sec. 3836.20). assessment work
found in the fee
schedule in Sec.
3000.12 of this
chapter.
(g) Maintaining an oil shale An annual $550 fee No.
placer mining claim (Sec.
3834.11(b)).
(h) Recording a notice of intent The filing fee for No.
to locate mining claims on recording a
Stockraising Homestead Act notice of intent
Lands (part 3838). to locate mining
claims on Stock
Raising Homestead
Act Lands found
in the fee
schedule in Sec.
3000.12 of this
chapter.
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Dated: June 18, 2009.
Ned Farquhar,
Acting Assistant Secretary of the Interior, Land and Minerals
Management.
[FR Doc. E9-15248 Filed 6-26-09; 8:45 am]
BILLING CODE 4310-84-P