81 FR 65558 - Minerals Management: Adjustment of Cost Recovery Fees
DEPARTMENT OF THE INTERIOR
Bureau of Land Management Federal Register Volume 81, Issue 185 (September 23, 2016)
Bureau of Land Management
Federal Register Volume 81, Issue 185 (September 23, 2016)
| Page Range | 65558-65563 | |
| FR Document | 2016-22841 |
[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)] [Rules and Regulations] [Pages 65558-65563] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22841] [[Page 65558]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Land Management 43 CFR Part 3000 [16X.LLWO310000.L13100000.PP0000] RIN 1004-AE47 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 Bureau of Land Management (BLM) 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 and mineral patent adjudications. DATES: This final rule is effective October 1, 2016. ADDRESSES: You may send inquiries or suggestions to Director (630), Bureau of Land Management, 2134LM, 1849 C Street NW., Washington, DC 20240; Attention: RIN 1004-AE47. FOR FURTHER INFORMATION CONTACT: Steven Wells, Chief, Division of Fluid Minerals, 202-912-7143; Mitchell Leverette, Chief, Division of Solid Minerals, 202-912-7113; or Mark Purdy, Regulatory Affairs, 202-912- 7635. Persons who use a telecommunications device for the deaf (TDD) may leave a message for these individuals with the Federal Information Relay Service (FIRS) at 1-800-877-8339, 24 hours a day, 7 days a week. SUPPLEMENTARY INFORMATION: I. Background The BLM 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's minerals program published a final cost recovery rule (70 FR 58854) establishing or revising fees and service charges imposed in connection with the processing of certain minerals program-related actions (2005 Cost Recovery Rule). In addition to establishing the fees and charges, the 2005 Cost Recovery Rule also established the method the BLM would use to adjust those fees and service charges on an annual basis. At 43 CFR 3000.12(a), the regulations 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 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 rule may be effective less than 30 days after publication. See 43 CFR 3000.10(c). II. Discussion of Final Rule The BLM's minerals program publishes a fee update rule each year, which becomes effective on October 1. As set forth in the 2005 Cost Recovery Rule, the fee updates are based on the change in the IPD-GDP from the 4th Quarter of one calendar year to the 4th Quarter of the following calendar year. In this case, the fee update rule is based on the change in the IPD-GDP from the 4th Quarter of 2014 to the 4th Quarter of 2015 and reflects the rate of inflation over four calendar quarters. The fee is calculated by applying the IPD-GDP to the base value from the previous year's rule, also known as the ``existing value.'' This calculation results in an updated base value. The updated base value is then rounded to the closest multiple of $5 for fees equal to or greater than $1, or to the nearest cent for fees under $1, to establish the new fee. Under this rule, 30 fees will remain the same and 18 fees will increase. Of the 18 fees that are being increased by this rule, 15 of the increases are equal to $5 each. The largest increase, $35, will be applied to the fee for adjudicating a mineral patent application containing more than 10 claims, which will increase from $3,075 to $3,110. The fee for adjudicating a patent application containing 10 or fewer claims will increase by $20, from $1,535 to $1,555. The ``plus per acre nomination fee'' for geothermal development will increase from $0.11 to $0.12. The calculations that resulted in the new fees are included in the table below: Fixed Cost Recovery Fees FY17 ---------------------------------------------------------------------------------------------------------------- Existing fee Existing value IPD-GDP Document/action \1\ \2\ increase \3\ New value \4\ New fee \5\ ---------------------------------------------------------------------------------------------------------------- Oil & Gas (parts 3100, 3110, 3120, 3130, 3150) ---------------------------------------------------------------------------------------------------------------- Noncompetitive lease application $410 $408.656 $4.5770 $413.2334 $415 Competitive lease application... 160 158.591 1.7762 160.3668 160 Assignment and transfer of 90 91.486 1.0246 92.5106 95 record title or operating rights......................... Overriding royalty transfer, 10 12.196 0.1366 12.3326 10 payment out of production...... Name change, corporate merger or 215 213.467 2.3908 215.8580 215 transfer to heir/devisee....... Lease consolidation............. 450 451.337 5.0550 456.3921 455 Lease renewal or exchange....... 410 408.656 4.5770 413.2334 415 Lease reinstatement, Class I.... 80 79.279 0.8879 80.1672 80 Leasing under right-of-way...... 410 408.656 4.5770 413.2334 415 Geophysical exploration permit 25 .............. .............. .............. 25 application--Alaska \6\........ Renewal of exploration permit-- 25 .............. .............. .............. 25 Alaska \7\..................... ---------------------------------------------------------------------------------------------------------------- Geothermal (part 3200) ---------------------------------------------------------------------------------------------------------------- Noncompetitive lease application 410 408.6565 4.5770 413.2334 415 Competitive lease application... 160 158.5906 1.7762 160.3668 160 Assignment and transfer of 90 91.4859 1.0246 92.5106 95 record title or operating right [[Page 65559]] Name change, corporate merger or 215 213.4672 2.3908 215.8580 215 transfer to heir/devisee....... Lease consolidation............. 450 451.3371 5.0550 456.3921 455 Lease reinstatement............. 80 79.2793 0.8879 80.1672 80 Nomination of lands............. 115 114.1784 1.2788 115.4572 115 Plus per acre nomination fee.... 0.11 0.11418 0.0013 0.1155 0.12 Site license application........ 60 60.9906 0.6831 61.6737 60 Assignment or transfer of site 60 60.9906 0.6831 61.6737 60 license........................ ---------------------------------------------------------------------------------------------------------------- Coal (parts 3400, 3470) ---------------------------------------------------------------------------------------------------------------- License to mine application..... 10 12.1960 0.1366 12.3326 10 Exploration license application. 335 335.4592 3.7571 339.2163 340 Lease or lease interest transfer 65 67.1047 0.7516 67.8562 70 ---------------------------------------------------------------------------------------------------------------- Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500, 3580) ---------------------------------------------------------------------------------------------------------------- Applications other than those 35 36.5987 0.4099 37.0086 35 listed below................... Prospecting permit amendment.... 65 67.1047 0.7516 67.8562 70 Extension of prospecting permit. 110 109.7853 1.2296 111.0149 110 Lease modification or fringe 30 30.5060 0.3417 30.8477 30 acreage lease.................. Lease renewal................... 525 524.5451 5.8749 530.4200 530 Assignment, sublease, or 30 30.5060 0.3417 30.8477 30 transfer of operating rights... Transfer of overriding royalty.. 30 30.5060 0.3417 30.8477 30 Use permit...................... 30 30.5060 0.3417 30.8477 30 Shasta and Trinity hardrock 30 30.5060 0.3417 30.8477 30 mineral lease.................. Renewal of existing sand and 30 30.5060 0.3417 30.8477 30 gravel lease in Nevada......... ---------------------------------------------------------------------------------------------------------------- Multiple Use; Mining (Group 3700) ---------------------------------------------------------------------------------------------------------------- Notice of protest of placer 10 12.1960 0.1366 12.3326 15 mining operations.............. ---------------------------------------------------------------------------------------------------------------- Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 3870) ---------------------------------------------------------------------------------------------------------------- Application to open lands to 10 12.1960 0.1366 12.3326 10 location....................... Notice of Location.............. 20 18.2886 0.2048 18.4935 20 Amendment of location........... 10 12.1960 0.1366 12.3326 10 Transfer of mining claim/site... 10 12.1960 0.1366 12.3326 10 Recording an annual FLPMA filing 10 12.1960 0.1366 12.3326 10 Deferment of assessment work.... 110 109.7853 1.2296 111.0149 110 Recording a notice of intent to 30 30.5060 0.3417 30.8477 30 locate mining claims on Stockraising Homestead Act lands.......................... Mineral Patent adjudication (more than ten claims)...... 3,075 3,074.0626 34.4295 3108.4921 3,110 (ten or fewer claims)....... 1,535 1,537.0153 17.2146 1,554.2298 1,555 Adverse claim................... 110 109.7853 1.2296 111.0149 110 Protest......................... 65 67.1047 0.7516 67.8562 70 ---------------------------------------------------------------------------------------------------------------- Oil Shale Management (parts 3900, 3910, 3930) ---------------------------------------------------------------------------------------------------------------- Exploration License Application. 320 321.7561 3.6037 325.3597 325 Assignment or sublease of record 65 65.4479 0.7330 66.1809 65 title or overriding royalty.... ---------------------------------------------------------------------------------------------------------------- Source for Implicit Price Deflator for Gross Domestic Product data: U.S. Department of Commerce, Bureau of Economic Analysis (March 25, 2016). III. How Fees Are Adjusted --------------------------------------------------------------------------- \1\ The Existing Fee was established by the 2015 (Fiscal Year 2016) cost recovery fee update rule published September 30, 2015 (80 FR 58625), effective October 1, 2015. \2\ The Existing Value is the figure from the New Value column in the previous year's rule. \3\ From 4th Quarter 2014 (109.067) to 4th Quarter 2015 (110.286), the IPD-GDP increased by 1.12 percent. The value in the IPD-GDP Increase column is 1.12 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 Fiscal Year 2016 is the New Value rounded to the nearest $5 for values equal to or greater than $1, or to the nearest penny for values under $1. \6\ Section 365 of the Energy Policy Act of 2005 (Pub. L. 109- 58) directed in subsection (i) that ``the Secretary shall not implement a rulemaking that would enable an increase in fees to recover additional costs related to processing drilling-related permit applications and use authorizations.'' In the 2005 cost recovery rule, the BLM interpreted this prohibition to apply to geophysical exploration permits. 70 FR 58854-58855. While the $25 fees for geophysical exploration permit applications for Alaska and renewals of exploration permits for Alaska pre-dated the 2005 cost recovery rule and were not affected by the Energy Policy Act prohibition, the BLM interprets the Energy Policy Act provision as prohibiting it from increasing this $25 fee. \7\ The BLM interprets the Energy Policy Act prohibition discussed in footnote 6, above, as prohibiting it from increasing this $25 fee, as well. --------------------------------------------------------------------------- The figures in the Existing Fee column in the table above represent the base value of the existing fee (shown in the Existing Value column) rounded to the closest multiple of $5 for fees equal to or greater than $1, or to the nearest [[Page 65560]] cent for fees under $1. In calculating the annual adjustment to the fee, however, the BLM begins with the unrounded base fee, represented in the Existing Value column. The Existing Value is the figure from the New Value column in the previous year's rule. In the case of fees that were not in the table the previous year, or that had no figure in the New Value column the previous year, the Existing Value is the same as the Existing Fee. Because the new fees are derived from 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, adjustments based on the figures in the Existing Fee column would lead to significantly over- or under-valued fees over time. Accordingly, fee adjustments are made by multiplying the annual change in the IPD-GDP by the figure in the Existing Value column. This calculation defines the New Value for this year, which is then rounded to the nearest $5 for fees equal to or greater than $1, or the nearest penny for fees under $1, to establish the New Fee. 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 rule under Executive Order 12866. The BLM has determined that the 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 final rule, which did not approach the threshold in Executive Order 12866. For instructions on how to view a copy of the analysis prepared in conjunction with the 2005 final rule, please contact one of the persons listed in the FOR FURTHER INFORMATION CONTACT section above. This 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. However, most of these fee increases are less than 2 percent, and none of the increases materially affects the budgetary impact of any of the affected fees or charges. Finally, this rule will not raise novel legal or policy issues. As explained above, 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:Iron ore mining (NAICS code 212210): 750 or fewer employees Gold ore mining (NAICS code 212221): 1,500 or fewer employees Silver ore mining (NAICS code 212222): 250 or fewer employees Lead ore mining (NAICS code 212231): 750 or fewer employees Copper ore mining (NAICS code 212234): 1,500 or fewer employees Uranium-Radium-Vanadium ore mining (NAICS code 212291): 250 or fewer employees All Other Metal ore mining (NAICS code 212299): 750 or fewer employees Bituminous Coal and Lignite Surface Mining (NAICS code 212111)--1,250 or fewer employees Bituminous Coal Underground Mining (NAICS code 212112)--1,500 or fewer employees Crude Petroleum and Natural Gas Extraction (NAICS code 211111)--1,250 or fewer employees Natural Gas Liquid Extraction (NAICS code 211112)--750 or fewer employees All Other Non-Metallic Mineral Mining (NAICS code 212399)--500 or fewer employees The SBA standards were adjusted as of February 26, 2016, per 13 CFR 121.104. 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 18 fees for activities on public lands will be increased. However, most of the fee increases will be less than 2 percent. The adjustments result in no increase in the fees for processing 30 actions relating to the BLM's minerals programs. The highest adjustment, in dollar terms, is for adjudications of mineral patent applications involving more than 10 mining claims; that fee will increase by $35. 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, which is available for public review in the administrative record for that rule. For instructions on how to view a copy of that analysis, please contact one of the persons listed in the FOR FURTHER INFORMATION CONTACT section above. The analysis for the 2005 rule concluded that the fees would not have a significant economic effect on a substantial number of small entities. The fee increases implemented in today's rule are substantially smaller than those provided for in the 2005 rule. 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. [[Page 65561]] The Paperwork Reduction Act of 1995 This 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 July 31, 2018; (2) 1004-0137 which expires January 31, 2018; (3) 1004-0162 which expires October 31, 2018; (4) 1004-0185 which expires March 31, 2019; Geothermal (5) 1004-0132 which expires December 31, 2016; Coal (6) 1004-0073 which expires August 31, 2016; \8\ --------------------------------------------------------------------------- \8\ A request for renewal is pending with the Office of Management and Budget. --------------------------------------------------------------------------- Mining Claims (7) 1004-0025 which expires March 31, 2019; (8) 1004-0114 which expires October 31, 2016; and Leasing of Solid Minerals Other Than Oil Shale (9) 1004-0121 which expires August 31, 2016.\8\ Takings Implication Assessment (Executive Order 12630) As required by Executive Order 12630, the BLM has determined that this 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 utilize the consultation process set forth in Section 5 of the Executive Order. Information Quality Act In developing this 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 rule is Mark Purdy 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. Amanda C. Leiter, Acting Assistant Secretary, Land and Minerals Management. 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 you must pay to the BLM for the services listed for Fiscal Year 2017. These fees are nonrefundable and must be included with documents you file under this chapter. Fees will be adjusted annually according to the change in the Implicit Price Deflator for Gross Domestic Product (IPD-GDP) by way of publication of a final rule in the Federal Register and will subsequently be posted on the BLM Web site (http://www.blm.gov) before October 1 each year. Revised fees are effective each year on October 1. [[Page 65562]] FY 2017 Processing and Filing Fee Table ------------------------------------------------------------------------ Document/action FY 2017 fee ------------------------------------------------------------------------ Oil & Gas (parts 3100, 3110, 3120, 3130, 3150) ------------------------------------------------------------------------ Noncompetitive lease $415. application. Competitive lease application.. $160. Assignment and transfer of $95. record title or operating rights. Overriding royalty transfer, $10. payment out of production. Name change, corporate merger $215. or transfer to heir/devisee. Lease consolidation............ $455. Lease renewal or exchange...... $415. Lease reinstatement, Class I... $80. Leasing under right-of-way..... $415. Geophysical exploration permit $25. application--Alaska. Renewal of exploration permit-- $25. Alaska. ------------------------------------------------------------------------ Geothermal (part 3200) ------------------------------------------------------------------------ Noncompetitive lease $415. application. Competitive lease application.. $160. Assignment and transfer of $95. record title or operating rights. Name change, corporate merger $215. or transfer to heir/devisee. Lease consolidation............ $455. Lease reinstatement............ $80. Nomination of lands............ $115. plus per acre nomination fee. $0.12. Site license application....... $60. Assignment or transfer of site $60. license. ------------------------------------------------------------------------ Coal (parts 3400, 3470) ------------------------------------------------------------------------ License to mine application.... $10. Exploration license application $340. Lease or lease interest $70. transfer. ------------------------------------------------------------------------ Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500, 3580) ------------------------------------------------------------------------ Applications other than those $35. listed below. ------------------------------------------------------------------------ Prospecting permit application $70. amendment. Extension of prospecting permit $110. Lease modification or fringe $30. acreage lease. Lease renewal.................. $530. Assignment, sublease, or $30. transfer of operating rights. Transfer of overriding royalty. $30. Use permit..................... $30. Shasta and Trinity hardrock $30. mineral lease. Renewal of existing sand and $30. gravel lease in Nevada. ------------------------------------------------------------------------ Public Law 359; Mining in Powersite Withdrawals: General (part 3730) ------------------------------------------------------------------------ Notice of protest of placer $15. mining operations. ------------------------------------------------------------------------ Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 3870) ------------------------------------------------------------------------ Application to open lands to $10. location. Notice of location*............ $20. Amendment of location.......... $10. Transfer of mining claim/site.. $10. Recording an annual FLPMA $10. filing. Deferment of assessment work... $110. Recording a notice of intent to $30. locate mining claims on Stockraising Homestead Act lands. Mineral patent adjudication.... $3,110 (more than 10 claims). $1,555 (10 or fewer claims). Adverse claim.................. $110. Protest........................ $70. ------------------------------------------------------------------------ Oil Shale Management (parts 3900, 3910, 3930) ------------------------------------------------------------------------ Exploration license application $325. Application for assignment or $65. sublease of record title or overriding royalty. ------------------------------------------------------------------------ * To record a mining claim or site location, you must pay this processing fee along with the initial maintenance fee and the one-time location fee required by statute. 43 CFR part 3833. [[Page 65563]] * * * * * [FR Doc. 2016-22841 Filed 9-22-16; 8:45 am] BILLING CODE 4310-84-P
![65558 Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Rules and Regulations
DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: II. Discussion of Final Rule
Bureau of Land Management I. Background The BLM’s minerals program
The BLM has specific authority to publishes a fee update rule each year,
43 CFR Part 3000 charge fees for processing applications which becomes effective on October 1.
and other documents relating to public As set forth in the 2005 Cost Recovery
[16X.LLWO310000.L13100000.PP0000]
lands under section 304 of the Federal Rule, the fee updates are based on the
RIN 1004–AE47 Land Policy and Management Act of change in the IPD–GDP from the 4th
1976 (FLPMA), 43 U.S.C. 1734. In 2005, Quarter of one calendar year to the 4th
Minerals Management: Adjustment of Quarter of the following calendar year.
the BLM’s minerals program published
Cost Recovery Fees In this case, the fee update rule is based
a final cost recovery rule (70 FR 58854)
AGENCY: Bureau of Land Management, establishing or revising fees and service on the change in the IPD–GDP from the
Interior. charges imposed in connection with the 4th Quarter of 2014 to the 4th Quarter
ACTION: Final rule. processing of certain minerals program- of 2015 and reflects the rate of inflation
related actions (2005 Cost Recovery over four calendar quarters.
SUMMARY: This final rule updates the Rule). In addition to establishing the The fee is calculated by applying the
fees set forth in the Bureau of Land fees and charges, the 2005 Cost IPD–GDP to the base value from the
Management (BLM) mineral resources Recovery Rule also established the previous year’s rule, also known as the
regulations for the processing of certain method the BLM would use to adjust ‘‘existing value.’’ This calculation
minerals program-related actions. It also those fees and service charges on an results in an updated base value. The
adjusts certain filing fees for minerals- annual basis. updated base value is then rounded to
related documents. These updated fees At 43 CFR 3000.12(a), the regulations
include those for actions such as lease the closest multiple of $5 for fees equal
provide that the BLM will annually to or greater than $1, or to the nearest
renewals and mineral patent adjust fees established in Subchapter C
adjudications. cent for fees under $1, to establish the
(43 CFR parts 3000–3900) according to new fee.
DATES: This final rule is effective changes in the Implicit Price Deflator for
October 1, 2016. Under this rule, 30 fees will remain
Gross Domestic Product (IPD–GDP),
the same and 18 fees will increase. Of
ADDRESSES: You may send inquiries or which is published quarterly by the U.S.
the 18 fees that are being increased by
suggestions to Director (630), Bureau of Department of Commerce. See also 43
Land Management, 2134LM, 1849 C this rule, 15 of the increases are equal
CFR 3000.10. This final rule updates
Street NW., Washington, DC 20240; to $5 each. The largest increase, $35,
those fees and service charges consistent
Attention: RIN 1004–AE47. with that direction. The fee adjustments will be applied to the fee for
in this rule are based on the adjudicating a mineral patent
FOR FURTHER INFORMATION CONTACT:
mathematical formula set forth in the application containing more than 10
Steven Wells, Chief, Division of Fluid
2005 Cost Recovery Rule. The public claims, which will increase from $3,075
Minerals, 202–912–7143; Mitchell
had an opportunity to comment on that to $3,110. The fee for adjudicating a
Leverette, Chief, Division of Solid
Minerals, 202–912–7113; or Mark adjustment procedure as part of the patent application containing 10 or
Purdy, Regulatory Affairs, 202–912– 2005 rulemaking. Accordingly, the fewer claims will increase by $20, from
7635. Persons who use a Department of the Interior for good $1,535 to $1,555. The ‘‘plus per acre
telecommunications device for the deaf cause finds under 5 U.S.C. 553(b)(B) and nomination fee’’ for geothermal
(TDD) may leave a message for these (d)(3) that notice and public comment development will increase from $0.11 to
individuals with the Federal procedures are unnecessary and that the $0.12.
Information Relay Service (FIRS) at fee adjustments in this rule may be The calculations that resulted in the
1–800–877–8339, 24 hours a day, 7 days effective less than 30 days after new fees are included in the table
a week. publication. See 43 CFR 3000.10(c). below:
FIXED COST RECOVERY FEES FY17
Existing Existing IPD–GDP New value 4 New fee 5
Document/action fee 1 value 2 increase 3
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150)
Noncompetitive lease application ........................................ $410 $408.656 $4.5770 $413.2334 $415
Competitive lease application .............................................. 160 158.591 1.7762 160.3668 160
Assignment and transfer of record title or operating rights 90 91.486 1.0246 92.5106 95
Overriding royalty transfer, payment out of production ....... 10 12.196 0.1366 12.3326 10
Name change, corporate merger or transfer to heir/devi-
see .................................................................................... 215 213.467 2.3908 215.8580 215
Lease consolidation ............................................................. 450 451.337 5.0550 456.3921 455
Lease renewal or exchange ................................................ 410 408.656 4.5770 413.2334 415
Lease reinstatement, Class I ............................................... 80 79.279 0.8879 80.1672 80
Leasing under right-of-way .................................................. 410 408.656 4.5770 413.2334 415
Geophysical exploration permit application—Alaska 6 ........ 25 ........................ ........................ ........................ 25
rmajette on DSK2TPTVN1PROD with RULES
Renewal of exploration permit—Alaska 7 ............................ 25 ........................ ........................ ........................ 25
Geothermal (part 3200)
Noncompetitive lease application ........................................ 410 408.6565 4.5770 413.2334 415
Competitive lease application .............................................. 160 158.5906 1.7762 160.3668 160
Assignment and transfer of record title or operating right ... 90 91.4859 1.0246 92.5106 95
VerDate Sep<11>2014 15:10 Sep 22, 2016 Jkt 238001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\23SER1.SGM 23SER1](https://thefederalregister.org/doc/81_FR_65743/page/1.svg)
![Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Rules and Regulations 65563
* * * * * ■ 1. The authority citation for 48 CFR adding ‘‘http://www.dcma.mil/DCMAIT/
[FR Doc. 2016–22841 Filed 9–22–16; 8:45 am] parts 210, 212, 213, and 252 continues cbt/PCARSS/index.cfm’’ in its place.
BILLING CODE 4310–84–P to read as follows: [FR Doc. 2016–22572 Filed 9–22–16; 8:45 am]
Authority: 41 U.S.C. 1303 and 48 CFR BILLING CODE 5001–06–P
chapter 1.
DEPARTMENT OF DEFENSE
PART 210—MARKET RESEARCH DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System ■ 2. Amend section 210.002 by adding Defense Acquisition Regulations
paragraph (e)(iii) to read as follows: System
48 CFR Parts 210, 212, 213, and 252
210.002 Procedures. 48 CFR Parts 216 and 236
[Docket DARS–2016–0023]
(e) * * *
[Docket DARS–2016–0006]
Defense Federal Acquisition (iii) Follow the procedures at PGI
210.002(e)(iii) regarding contract file RIN 0750–AI87
Regulation Supplement; Technical
Amendments documentation.
Defense Federal Acquisition
AGENCY: Defense Acquisition PART 212—ACQUISITION OF Regulation Supplement: Prohibition on
Regulations System, Department of COMMERCIAL ITEMS Use of Any Cost-Plus System of
Defense (DoD). Contracting for Military Construction
■ 3. Add section 212.102(a)(ii) to read as and Military Family Housing Projects
ACTION: Final rule.
follows: (DFARS Case 2015–D040)
SUMMARY: DoD is making technical AGENCY: Defense Acquisition
212.102 Applicability.
amendments to the Defense Federal Regulations System, Department of
Acquisition Regulation Supplement (a) * * * Defense (DoD).
(DFARS) to provide needed editorial (ii) Follow the procedures at PGI
ACTION: Final rule.
changes. 212.102(a).
DATES: Effective September 23, 2016. SUMMARY: DoD is issuing a final rule
PART 213—SIMPLIFIED ACQUISITION amending the Defense Federal
FOR FURTHER INFORMATION CONTACT: Ms. PROCEDURES Acquisition Regulation Supplement
Jennifer L. Hawes, Defense Acquisition (DFARS) to implement a section of the
Regulations System, 213.7001 [Amended]
National Defense Authorization Act for
OUSD(AT&L)DPAP(DARS), Room ■ 4. Amend section 213.7001 by— Fiscal Year 2012 that amended title 10
3B941, 3060 Defense Pentagon, ■ a. In paragraph (a)(1), removing of the United States Code by prohibiting
Washington, DC 20301–3060. ‘‘219.804–2(2)’’ and adding ‘‘PGI any form of cost-plus contracting for
Telephone 571–372–6115; facsimile 219.804–2(2)’’ in its place; military construction projects or
571–372–6094. ■ b. In paragraph (a)(2), removing military family housing projects.
SUPPLEMENTARY INFORMATION: This final ‘‘Subpart 219.8’’ and adding ‘‘PGI DATES: Effective September 23, 2016.
rule amends the DFARS as follows— 219.8’’ in its place, and removing FOR FURTHER INFORMATION CONTACT: Mr.
1. Provides direction to contracting ‘‘219.804–2(2)’’ and adding ‘‘PGI Tom Ruckdaschel, telephone 571–372–
officers at DFARS 210.002 to follow the 219.804–2(2)’’ in its place; and 6088.
procedures at DFARS Procedures, ■ c. In paragraph (b), removing ‘‘Subpart SUPPLEMENTARY INFORMATION:
Guidance, and Information (PGI) 19.8’’ and adding ‘‘subpart 19.8’’ in its
210.002(e)(iii) regarding market research place. I. Background
file documentation; DoD published a proposed rule in the
2. Add DFARS 212.102(a)(ii) to reflect PART 252—SOLICITATION Federal Register at 81 FR 17050 on
that contracting officers should follow PROVISIONS AND CONTRACT March 25, 2016. This final rule
the procedures and guidance at PGI CLAUSES implements section 2801 of the National
212.102(a) regarding file documentation; Defense Authorization Act for Fiscal
3. Revises DFARS 213.7001 to update 252.219–7000 [Amended]
Year 2012 (Pub. L. 112–81). Section
cross references to DFARS PGI; ■ 5. Amend section 252.219–7000 by— 2801 amends 10 U.S.C. 2306 by
4. Provides an updated internet link at ■ a. Removing the clause date ‘‘(MAY prohibiting any form of cost-plus
DFARS 252.219–7000 to the 2015)’’ and adding ‘‘(SEP 2016)’’ in its contracting for military construction
Procurement Technical Assistance place; and projects or military family housing
Center locations; and ■ b. In paragraph (c), removing projects. Three respondents submitted
5. Provides an updated internet link at ‘‘www.dla.mil/SmallBusiness/Pages/ public comments in response to the
DFARS 252.245–7004(b) to the Plant ptac.aspx’’ and adding ‘‘http:// proposed rule.
Clearance Automated Reutilization www.dla.mil/HQ/SmallBusiness/
Screening System. II. Discussion and Analysis
PTAC.aspx’’ in its place.
DoD reviewed the public comments in
List of Subjects in 48 CFR 210, 212, 213, the development of the final rule. A
252.245–7004 [Amended]
and 252 discussion of the comments and the
■ 6. Amend section 252.245–7004 by—
rmajette on DSK2TPTVN1PROD with RULES
Government procurement. changes made to the rule as a result of
■ a. Removing the clause date ‘‘(MAR those comments is provided, as follows:
Jennifer L. Hawes, 2015)’’ and adding ‘‘(SEP 2016)’’ in its
Editor, Defense Acquisition Regulations place; and A. Summary of Significant Changes
System. ■ b. In paragraph (b) introductory text, from the Proposed Rule
Therefore, 48 CFR parts 210, 212, 213, removing ‘‘http://www.dcma.mil/ There are minor changes to the
and 252 are amended as follows: ITCSO/CBT/PCARSS/index.cfm’’ and DFARS text from the proposed rule
VerDate Sep<11>2014 15:10 Sep 22, 2016 Jkt 238001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\23SER1.SGM 23SER1](https://thefederalregister.org/doc/81_FR_65743/page/6.svg)
Document Created: 2016-09-23 01:43:10
Document Modified: 2016-09-23 01:43:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective October 1, 2016. | |
| Contact | Steven Wells, Chief, Division of Fluid Minerals, 202-912-7143; Mitchell Leverette, Chief, Division of Solid Minerals, 202-912-7113; or Mark Purdy, Regulatory Affairs, 202-912- 7635. Persons who use a telecommunications device for the deaf (TDD) may leave a message for these individuals with the Federal Information Relay Service (FIRS) at 1-800-877-8339, 24 hours a day, 7 days a week. | |
| FR Citation | 81 FR 65558 | |
| RIN Number | 1004-AE47 | |
| CFR Associated | Public Lands-Mineral Resources and Reporting and Recordkeeping Requirements |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR