Federal Register - October 4, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Rules and Regulations Existing fee 1
FY 2021
Fixed cost recovery fees Mining Law Administration parts 3800, 3810, 3830, 3850, 3860, 3870:
Application to open lands to location
Notice of location
Amendment of location
Transfer of mining claim/site
Recording an annual FLPMA filing
Deferment of assessment work
Recording a notice of intent to locate mining claims on Stockraising Homestead Act lands
Mineral patent adjudication more than ten claims
ten or fewer claims
Adverse claim
Protest
Oil Shale Management parts 3900, 3910, 3930:
Exploration license application
Assignment or sublease of record title or overriding royalty
III. How Fees Are Adjusted The BLM took the base values or existing values upon which it derived the FY 2021 cost recovery fees or existing fees and multiplied them by the percent change in the IPDGDP
1.26 percent for this update to generate the IPDGDP increases in dollars.
The BLM then added the IPDGDP
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
2022.
The source for IDPGDP data is the U.S. Department of Commerce, Bureau of Economic Analysis, specifically, Table 1.1.9. Implicit Price Deflators for Gross Domestic Product, which the BLM accessed on May 13, 2021, on the web at https apps.bea.gov/iTable/
iTable.cfm?reqid=19&step=2reqid=19&
step=3&isuri=1&1921=survey&1903=13.
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 has determined that this final 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 this rule are much smaller than those in the 2005 Cost Recovery
VerDate Sep<11>2014
16:13 Oct 01, 2021
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Existing value 2
0.167
0.250
0.167
0.167
0.167
1.504
13.427
20.134
13.427
13.427
13.427
120.870
15
20
15
15
15
120
35
3,340
1,670
120
75
33.168
3,342.351
1,671.158
119.366
72.960
0.417
42.113
21.056
1.504
0.919
33.585
3,384.464
1,692.214
120.870
73.879
35
3,385
1,690
120
75
350
70
349.837
71.159
4.407
0.896
354.244
72.055
355
70
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 SBA defines small entities as individual, limited partnerships, or small companies considered to be at arms length from
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FY 2022
13.260
19.884
13.260
13.260
13.260
119.366
The Regulatory Flexibility Act
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15
20
15
15
15
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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 Cost Recovery Rule, please contact one of the persons listed in the FOR FURTHER INFORMATION
CONTACT section above.
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.
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IPDGDP
increase 3
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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 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 Extraction NAICS
code 211120: 1,250 or fewer employees Natural Gas Extraction NAICS code 211130: 1,250 or fewer employees 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 15 fees for activities on public lands will be increased. The adjustments result in no increase in the fees for processing 33
actions relating to the BLMs minerals programs. The highest adjustment, in dollar terms, is for adjudications of mineral patent applications involving
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