[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR3000.11]



[Page 327-328]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

 

PART 3000_MINERALS MANAGEMENT: GENERAL--Table of Contents

 

                          Subpart 3000_General

 

Sec.  3000.11  When and how does BLM charge me processing fees on a case-by-case basis?



    (a) Fees in this subchapter are designated either as case-by-case 

fees or as fixed fees. The fixed fees are established in this subchapter 

for specified types of documents. However, if BLM decides at any time 

that a particular document designated for a fixed fee will have a unique 

processing cost, such as the preparation of an Environmental Impact 

Statement, we may set the fee under the case-by-case procedures in this 

section.

    (b) For case-by-case fees, BLM measures the ongoing processing cost 

for each individual document and considers the factors in Section 304(b) 

of FLPMA on a case-by-case basis according to the following procedures:

    (1) You may ask BLM's approval to do all or part of any study or 

other activity according to standards BLM specifies, thereby reducing 

BLM's costs for processing your document.

    (2) Before performing any case processing, we will give you a 

written estimate of the proposed fee for reasonable processing costs 

after we consider the FLPMA Section 304(b) factors.

    (3) You may comment on the proposed fee.

    (4) We will then give you the final estimate of the processing fee 

amount after considering your comments and any BLM-approved work you 

will do.

    (i) If we encounter higher or lower processing costs than 

anticipated, we will re-estimate our reasonable processing costs 

following the procedure in paragraphs (b)(1), (b)(2), (b)(3) and (b)(4) 

of this section, but we will not stop ongoing processing unless you do 

not pay in accordance with paragraph (b)(5) of this section.

    (ii) If the fee you would pay under this paragraph (b)(4) is less 

than BLM's



[[Page 328]]



actual costs as a result of consideration of the FLPMA Section 304(b) 

factors, and we are not able to process your document promptly because 

of the unavailability of funding or other resources, you will have the 

option to pay BLM's actual costs to process your document. This will 

enable BLM to process your document sooner.

    (iii) Once processing is complete, we will refund to you any money 

that we did not spend on processing costs.

    (5)(i) We will periodically estimate what our reasonable processing 

costs will be for a specific period and will bill you for that period. 

Payment is due to BLM 30 days after you receive your bill. BLM will stop 

processing your document if you do not pay the bill by the date payment 

is due.

    (ii) If a periodic payment turns out to be more or less than BLM's 

reasonable processing costs for the period, we will adjust the next 

billing accordingly or make a refund. Do not deduct any amount from a 

payment without our prior written approval.

    (6) You must pay the entire fee before we will issue the final 

document.

    (7) You may appeal BLM's estimated processing costs in accordance 

with the regulations in part 4, subpart E, of this title. You may also 

appeal any determination BLM makes under paragraph (a) of this section 

that a document designated for a fixed fee will be processed as a case-

by-case fee. We will not process the document further until the appeal 

is resolved, in accordance with paragraph (b)(5)(i) of this section, 

unless you pay the fee under protest while the appeal is pending. If the 

appeal results in a decision changing the proposed fee, we will adjust 

the fee in accordance with paragraph (b)(5)(ii) of this section.



[70 FR 58872, Oct. 7, 2005]