36662 Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Rules and Regulations 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

Appendix B—[Amended] 

■ 2. Table 2 of Appendix B to part 300 

is amended by revising the entry for 

‘‘MN,’’ ‘‘Naval Industrial Reserve 

Ordnance Plant,’’ ‘‘Fridley’’ to read as 

follows: 

Appendix B to Part 300—National 

Priorities List 

* * * * * 

TABLE 2—FEDERAL FACILITIES SECTION

St Site name City/County (Notes)(a)

*******

MN .................................................................................. Naval Industrial Reserve Ordnance Plant ..................... Fridley P 

* * * * * * * 

* * * * * 

Notes: 

(a)A = Based on issuance of health 

advisory by Agency for Toxic 

Substances and Disease Registry (if 

scored, HRS score need not be greater 

than or equal to 28.50). 

* * * * * 

P = Sites with partial deletion(s). 

* * * * * 

[FR Doc. 2014–15255 Filed 6–27–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 3830 

[LLWO320000–L19900000.PP0000] 

RIN 1004–AE35 

Required Fees for Mining Claims or 

Sites 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Final rule. 

SUMMARY: The Bureau of Land 

Management (BLM) is issuing 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 

30, 2014. 

ADDRESSES: You may submit inquiries 

to: Mail: Director (630), Bureau of Land 

Management, U.S. Department of the 

Interior, 1849 C St. NW., Washington, 

DC 20240, Attention: 1004–AE27. 

Personal or messenger delivery: U.S. 

Department of the Interior, Bureau of 

Land Management, 20 M St. SE., Room 

2134LM, Attention: Regulatory Affairs, 

Washington, DC 20003. Federal 

eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions at this Web site. 

FOR FURTHER INFORMATION CONTACT: 

Sonia Santillan at 202–912–7123, in the 

Solid Minerals Group as to program 

matters or the substance of the final rule 

or Jennifer Noe in the Division of 

Regulatory Affairs at 202–912–7442 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 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. (30 U.S.C. 

28f–28l). 

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 (July 

1, 2004). Then in 2009, the BLM 

increased the amount of the location 

and maintenance fees to $34 and $140, 

respectively, based on the change in the 

CPI from December 31, 2003, to 

December 31, 2008, 74 FR 30959 (June 

29, 2009). The BLM has promulgated 

other rules that have affected other 

aspects of the table of charges and fees 

at 43 CFR 3830.21, the regulation that is 

amended by this rule. For example, on 

July 27, 2012, the BLM published an 

interim final rule, 77 FR 44155 (July 27, 

2012), that amended 43 CFR 3830.21 

pursuant to a statutory amendment 

enacted in December of 2011, which 

changed the way the maintenance fee is 

calculated for unpatented placer mining 

claims. 

The adjustments made in this rule are 

based upon the change in the CPI from 

December 31, 2008, to December 31, 

2013, as reported by the Bureau of Labor 

Statistics in the CPI Detailed Report, 

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/

cpid1312.pdf). The calculated change is 

9.96 percent from December 31, 2008, 

through December 31, 2013. A 

calculated value for the fees was 

obtained by inflating the location and 

maintenance fees established in the 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Rules and Regulations 36663 

2009 rulemaking by 9.96 percent. The 

new location fee is $37 for each mining 

claim or site. The new maintenance fee 

is $155 for each lode mining claim, mill 

site, or tunnel site; and $155 for each 20 

acres or portion thereof for each placer 

mining claim. The new location fee is 

based on rounding the calculated value 

to the nearest $1. The new maintenance 

fee is based on rounding the calculated 

value to the nearest $5. 

Mining claimants must pay the new 

location and maintenance fee for any 

mining claim or site located on or after 

September 1, 2014. Mining claimants 

must also pay the new maintenance fee 

for existing mining claims and sites to 

maintain those claims and sites, 

beginning with the 2015 assessment 

year. The maintenance fee for existing 

claims and sites is due on or before 

September 1, 2014. In accordance with 

43 CFR 3834.23(d), mining claimants 

who have already submitted 

maintenance fee payments for the 2015 

assessment year, or those who timely 

pay the 2015 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, 2014, and 

timely received on or before December 

31, 2014. Failure to cure the payments 

within the time allowed will cause the 

affected mining claims or sites to be 

forfeited. After December 31, 2014, the 

full maintenance and location fee 

payments, based on the new amounts, 

are required at the time of recording 

along with the required processing fee. 

II. Discussion of the 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 paragraphs 

(a) and (d) of section 43 CFR 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 

2009. The statute specifies the method 

of calculation of 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 each placer mining 

claim. 

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 $59 million annually, 

of which approximately $5 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. Although the new fees will 

impact a substantial number of small 

entities, the fee increases do not 

represent a significant economic effect. 

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 or less than $7 million in 

revenue. This definition is consistent 

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 $59 

million annually, of which $5 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. 


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36664 Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Rules and Regulations 

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. 

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 new 

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.). The OMB has 

approved the information collection 

requirements in the regulations under 

OMB control number 1004–0114 that 

pertain to the payment of mining claim 

recordation and maintenance fees. 

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 the National Environmental 

Policy Act of 1969 (NEPA) is not 

required because this rule is part of the 

routine administration of the fee 

legislation and is covered by a 

Departmental categorical exclusion 

provided for under 43 CFR 46.210(f). 

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 Sonia Santillan in the Solid Minerals 

Group assisted by the Division of 

Regulatory Affairs, Washington Office, 

BLM. 

List of Subjects in 43 CFR Part 3830 

Mineral royalties, 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 

■ 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. No. 112–74, 125 Stat. 

786. 

Subpart D—BLM Service Charge and 

Fee Requirements 

■ 2. Amend § 3830.21 by revising 

paragraphs (a) and (d) of the table to 

read as follows: 

§ 3830.21 What are the different types of 

service charges and fees? 

* * * * * 

Transaction Amount due per mining claim or site Waiver available 

(a) Recording a mining claim or site location (part 3833).A total sum which includes: 

(1) The processing fee for notices of location found in the fee schedule in 

§ 3000.12 of this chapter; 

No. 

(2) A one-time $37 location fee; and 

(3)(i) For lode claims, mill sites and tunnel sites, an initial $155 maintenance fee; or 

(ii) For placer claims, an initial $155 maintenance fee for each 20 acres of 

the placer claim or portion thereof. 


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Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Rules and Regulations 36665 

Transaction Amount due per mining claim or site Waiver available 

*******

(d) Maintaining a mining claim or site 

for one assessment year (part 3834).

(1) For lode claims, mill sites and tunnel sites, an annual maintenance fee of 

$155 must be paid on or before September 1 each year.

Yes. See part 3835. 

(2) For placer claims, a $155 annual maintenance fee for each 20 acres of 

the placer claim or portion thereof must be paid on or before September 1 

each year. 

Janice M. Schneider, 

Assistant Secretary, Land and Minerals 

Management. 

[FR Doc. 2014–15259 Filed 6–27–14; 8:45 am] 

BILLING CODE 4310–84–P 


wreier-aviles on DSK5TPTVN1PROD with RULES