Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations 66695 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 3000 

[BLM_HQ_FRN_MO4500172991] 

RIN 1004–AE97 

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 Department of the 

Interior’s onshore mineral resources 

regulations for the processing of certain 

minerals program-related actions. It also 

adjusts certain filing fees for mineralsrelated documents. These updated fees 

include those for actions such as lease 

renewals, mineral patent adjudications, 

and Applications for Permits to Drill 

(APDs). 

DATES: This final rule is effective on 

October 1, 2023. 

ADDRESSES: You may send inquiries or 

suggestions to Director (630), Bureau of 

Land Management, 1849 C St. NW, 

Room 5646, Washington, DC 20240; 

Attention: RIN 1004–AE97. 

FOR FURTHER INFORMATION CONTACT: 

Yvette M. Fields, Chief, Division of 

Fluid Minerals, 240–712–8358, yfields@

blm.gov; Rebecca Good, Acting Chief, 

Division of Solid Minerals, 307–251– 

3487, rgood@blm.gov; or Faith Bremner, 

Regulatory Analyst, Division of 

Regulatory Affairs, fbremner@blm.gov. 

Individuals in the United States who are 

deaf, deafblind, hard of hearing, or have 

a speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Federal agencies are authorized to 

charge processing costs by the 

Independent Offices Appropriation Act 

of 1952, 31 U.S.C. 9701. The Bureau of 

Land Management (BLM) also 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 published a final cost recovery 

rule (70 FR 58853) that established new 

fees or revised fees and service charges 

for processing documents related to its 

minerals programs (‘‘2005 Cost 

Recovery Rule’’). The 2005 Cost 

Recovery Rule also established the 

method that the BLM would use to 

adjust those fees and service charges for 

inflation on an annual basis. 

The regulations at 43 CFR 3000.12(a) 

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 48 fees and service charges 

consistent with that direction. The fee 

adjustments in this final 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. 

Section 3021(b) of the National 

Defense Authorization Act of 2015 (Pub. 

L. 113–291; 30 U.S.C. 191(d)) (the Act) 

directs the BLM to collect a fee for each 

new APD submitted to the BLM for 

fiscal years (FY) 2016 through 2026 and 

requires the fee amount to be adjusted 

annually for inflation. The Act set the 

initial fee amount at $9,500 as of 

October 1, 2015, with updated annual 

fee amounts to be indexed for United 

States dollar inflation from that date as 

measured by the Consumer Price Index 

(CPI). 30 U.S.C. 191(d)(2). The CPI is 

used only for the APD fee inflation 

adjustment while the IPD–GDP is used 

for all the other fees that are being 

adjusted for inflation. Public comment 

procedures are unnecessary for this 

adjustment as the authorizing statute 

does not give the BLM the discretion to 

vary the amount of the inflation 

adjustment for the APD to reflect any 

views or suggestions provided by 

commenters. 

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 final rule may be 

effective less than 30 days after 

publication since periodic fee 

adjustments may be made in a final rule 

without opportunity for notice and 

comment. See 43 CFR 3000.10(c). 

II. Discussion of Final Rule 

As set forth in the 2005 Cost Recovery 

Rule, the updates for 48 of the fees 

covered by this rule are based on the 

change in the IPD–GDP. The BLM’s 

minerals program publishes the updated 

cost recovery fees annually, at the start 

of each fiscal year. 

This final rule updates the current 

(FY 2023) cost recovery fees for use in 

FY 2024. The current fees were set by 

the cost recovery fee rule published on 

September 21, 2022 (87 FR 57637), 

effective October 1, 2022. The update in 

this final rule adjusts 48 of the FY 2023 

fees based on the change in the IPD– 

GDP from the 4th Quarter of 2021 to the 

4th Quarter of 2022. The APD fee 

adjustment is based on the percentage 

change in the U.S. Bureau of Labor 

Statistics’ CPI for all goods and all urban 

consumers (CPI–U) from June 2022 to 

June 2023. 

Under this final rule, 10 fees will 

remain the same and 38 fees will 

increase. Except for the per-acre cost for 

nominating lands for geothermal 

development, which is less than $1, the 

filing fees are not adjusted if the change 

is less than $5. For example, if inflation 

adjusted a fee from $15 to $17.24, the 

filing fee would remain at $15. 

Of the 38 fees that are being increased 

by this final rule, 18 fees will increase 

by $5, six fees will increase by $10, two 

fees will increase by $15, two fees will 

increase by $25, three fees will increase 

by $30, two fees will increase by $35, 

and one fee will increase by $40. The 

largest increase, $350, will be applied to 

the APD fee, which will increase from 

$11,805 to $12,155. The fee for 

adjudicating a patent application 

containing more than 10 claims will 

increase by $230—from $3,585 to 

$3,815. The fee for adjudicating a patent 

application containing 10 or fewer 

claims will increase by $115—from 

$1,790 to $1,905. The smallest 

increase—1 cent—will be added to the 

per-acre cost of nominating lands for 

geothermal leasing, which will rise from 

13 cents per acre to 14 cents per acre. 

To see the specific fee increases, please 

refer to the table below. 


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66696 Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations 

1The Existing Fee was established by the 2022 

(FY 2023) cost recovery fee update rule published 

on September 21, 2022 (87 FR 57637), effective 

October 1, 2022. 

2The Existing Value is the figure from the New 

Value column in the previous year’s rule. 

3From 4th Quarter 2021 (121.7) to 4th Quarter 

2022 (129.5), the IPD-GDP increased by 6.41 

percent. The value in the IPD-GDP Increase column 

is 6.41 percent of the ‘‘Existing Value.’’ 

4The sum of the ‘‘Existing Value’’ and the ‘‘IPDGDP Increase’’ is the ‘‘New Value.’’ 

5The ‘‘New Fee’’ for FY 2024 is the ‘‘New Value’’ 

rounded to the nearest $5 for values equal to or 

greater than $1 or rounded to the nearest penny for 

values under $1. 

It is important to note that the ‘‘real’’ 

values of the fees are not actually 

increasing, since real values account for 

the effect of inflation. In real terms, the 

values of the fees are simply being 

adjusted to account for the changes in 

the prices of goods and services 

produced in the United States. 

The calculations that resulted in the 

new fees are included in the following 

table: 

Fixed cost recovery fees 

Existing 

fee 1

(FY 2023) 

Existing 

value 2

IPD-GDP 

increase 3 New value 4 New fee 5

(FY 2024) 

Oil & Gas (parts 3100, 3110, 3120, 3130, 3150): 

Competitive lease application ........................................................... $185 $184.904 $11.852 $196.756 $195 

Assignment and transfer of record title or operating rights .............. 105 106.665 6.837 113.502 115 

Overriding royalty transfer, payment out of production .................... 15 14.219 0.911 15.130 15 

Name change, corporate merger or transfer to heir/devisee ........... 250 248.886 15.953 264.839 265 

Lease consolidation .......................................................................... 525 526.226 33.731 559.957 560 

Lease renewal or exchange ............................................................. 475 476.464 30.541 507.005 505 

Lease reinstatement, Class I ............................................................ 90 92.432 5.924 98.356 100 

Leasing under right-of-way ............................................................... 475 476.464 30.541 507.005 505 

Geophysical exploration permit application—Alaska ....................... 30 29.104 1.865 30.969 30 

Renewal of exploration permit—Alaska ........................................... 30 29.104 1.865 30.969 30 

Geothermal (part 3200): 

Noncompetitive lease application ..................................................... 475 476.464 30.541 507.005 505 

Competitive lease application ........................................................... 185 184.904 11.852 196.756 195 

Assignment and transfer of record title or operating right ............... 105 106.665 6.837 113.502 115 

Name change, corporate merger or transfer to heir/devisee ........... 250 248.886 15.953 264.839 265 

Lease consolidation .......................................................................... 525 526.226 33.731 559.957 560 

Lease reinstatement ......................................................................... 90 92.432 5.924 98.356 100 

Nomination of lands .......................................................................... 135 133.123 8.533 141.656 140 

Plus per acre nomination fee ........................................................... 0.13 0.130 0.008 0.138 0.14 

Site license application ..................................................................... 70 71.109 4.558 75.667 75 

Assignment or transfer of site license .............................................. 70 71.109 4.558 75.667 75 

Coal (parts 3400, 3470): 

License to mine application .............................................................. 15 14.219 0.911 15.130 15 

Exploration license application ......................................................... 390 391.120 25.070 416.190 415 

Lease or lease interest transfer ........................................................ 80 78.237 5.014 83.251 85 

Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500, 

3580): 

Applications other than those listed below ....................................... 45 42.670 2.735 45.405 45 

Prospecting permit amendment ........................................................ 80 78.237 5.014 83.251 85 

Extension of prospecting permit ....................................................... 130 128.001 8.204 136.205 135 

Lease modification or fringe acreage lease ..................................... 35 35.565 2.279 37.844 40 

Lease renewal .................................................................................. 610 611.582 39.202 650.784 650 

Assignment, sublease, or transfer of operating rights ..................... 35 35.566 2.279 37.845 40 

Transfer of overriding royalty ............................................................ 35 35.566 2.279 37.845 40 

Use permit ........................................................................................ 35 35.566 2.279 37.845 40 

Shasta and Trinity hardrock mineral lease ....................................... 35 35.566 2.279 37.845 40 

Renewal of existing sand and gravel lease in Nevada .................... 35 35.566 2.279 37.845 40 

Multiple Use; Mining (Group 3700): 

Notice of protest of placer mining operations .................................. 15 14.219 0.911 15.130 15 

Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 

3870): 

Application to open lands to location ............................................... 15 14.219 0.911 15.130 15 

Notice of location .............................................................................. 20 21.321 1.366 22.687 25 

Amendment of location ..................................................................... 15 14.219 0.911 15.130 15 

Transfer of mining claim/site ............................................................ 15 14.219 0.911 15.130 15 

Recording an annual FLPMA filing ................................................... 15 14.219 0.911 15.130 15 

Deferment of assessment work ........................................................ 130 128.001 8.204 136.205 135 

Recording a notice of intent to locate mining claims on 

Stockraising Homestead Act lands ............................................... 35 35.566 2.279 37.845 40 

Mineral patent adjudication (more than ten claims) ......................... 3,585 3,584.147 229.743 3,813.890 3,815 

(ten or fewer claims) .................................................................. 1,790 1,792.054 114.870 1,906.924 1,905 

Adverse claim ................................................................................... 130 128.001 8.204 136.205 135 

Protest .............................................................................................. 80 78.237 5.014 83.251 85 

Oil Shale Management (parts 3900, 3910, 3930: 

Exploration license application ......................................................... 375 375.144 24.046 399.190 400 

Assignment or sublease of record title or overriding royalty ............ 75 76.306 4.891 81.197 80 


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Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations 66697 

6The Existing Fee was established by the 2022 

(FY 2023) cost recovery fee update rule published 

on September 21, 2022 (87 FR 57637), effective 

October 1, 2022. 

7The existing value is the adjusted CPI-U for June 

2022 to June 2023. The statute requires that the 

APD calculation be based on CPI-U. 

8From June 2022 to June 2023, the adjusted CPIU increased by 2.97%. 

9The sum of the ‘‘Existing Value’’ and the ‘‘CPIU Increase’’ is the ‘‘New Value.’’ 

10The new APD fee for FY 2024 is the ‘‘New 

Value’’ rounded to the nearest $10. 

11Available on the web at https://apps.bea.gov/ 

iTable/?1301=i&1303=13&ReqID=

13&isuri=1&step=3. Accessed by the BLM on July 

14, 2023. 

12Available on the web at https://

fred.stlouisfed.org/series/CPIAUCSL. Accessed by 

the BLM on July 14, 2023. 

Fixed cost recovery fees 

Existing 

fee 

(FY 2023) 6

Existing 

value 7

CPI-U 

increase 8

New 

value 9

New fee 

(FY 2024) 10

Oil and Gas Operations/Production (parts 3160, 3170): 

Application for Permit to Drill ............................................................ 11,805 11,805.790 350.631 12,156.421 12,155 

III. How Fees Are Adjusted 

The BLM took the base values (or 

‘‘existing values’’) upon which it 

derived the FY 2023 cost recovery fees 

(or ‘‘existing fees’’) and multiplied them 

by the percent change in the IPD-GDP 

(6.41 percent for this update) to generate 

the ‘‘IPD-GDP increases’’ (in dollars). 

The BLM then added the ‘‘IPD-GDP 

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 

2024. 

The source for IPD–GDP data is the 

U.S. Department of Commerce, Bureau 

of Economic Analysis website, 

specifically, ‘‘Table 1.1.9. Implicit Price 

Deflators for Gross Domestic 

Product.’’ 11

The updated APD fee amount reflects 

an adjustment to the current fee of 

$11,805 based on the percentage change 

in the CPI–U from the end of June 2022 

to the end of June 2023. The CPI–U for 

June 2023 is 2.97 percent higher than 

the CPI–U for June 2022. Increasing the 

2023 fee of $11,805 by 2.97 percent and 

rounding the product to the nearest $10 

produces a 2024 fee of $12,155. 

The source for CPI–U data is the BLS, 

U.S. Bureau of Labor Statistics, 

Consumer Price Index for All Urban 

Consumers: All Items in U.S. City 

Average [CPIAUCSL], retrieved from 

FRED, Federal Reserve Bank of St. 

Louis.12

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’s assessment of the benefits 

and costs of this rule show that it is not 

significant under Section 3(f)(1) of E.O. 

12866, as amended by E.O. 14094. This 

rule will not have an annual effect on 

the economy of $200 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 Cost 

Recovery Rule, which did not approach 

the threshold for significance. 

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 and Section 3021(b) of 

the National Defense Authorization Act 

of 2015. 

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 

• 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 38 fees 

for activities on public lands will be 

increased. The highest adjustment, in 

dollar terms, is for the APD fee. That fee 

will increase by $350, from $11,805 to 

$12,155. It is important to note that the 


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I I I I I 
66698 Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations 

13A renewal request for control number 1004– 

0132 was submitted to the Office of Management 

and Budget (OMB) on July 19, 2023. 

14A renewal request for control number 1004– 

0073 was submitted to OMB on December 27, 2022. 

15A renewal request for control number 1004– 

0114 was submitted to OMB on January 19, 2023. 

‘‘real’’ values of the fees are not actually 

increasing, since real values account for 

the effect of inflation. In real terms, the 

values of the fees are simply being 

adjusted to account for the changes in 

the prices of goods and services 

produced in the United States. 

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. That analysis 

concluded that the fees would not have 

a significant economic effect on a 

substantial number of small entities. 

The fee increases implemented in this 

rule are substantially smaller than those 

provided for in the 2005 Cost Recovery 

Rule. 

The APD fee increase is mandated by 

Section 3021(b) of the National Defense 

Authorization Act of 2015 (Pub. L. 113– 

291; 30 U.S.C. 191(d)) (the Act). The Act 

directs the BLM to collect a fee for each 

new APD submitted to the BLM for 

fiscal years (FY) 2016 through 2026 and 

requires the fee amount to be adjusted 

for inflation. 

Congressional Review 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. 

The Paperwork Reduction Act of 1995 

This final 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 nonhour burdens associated with the 

following control numbers: 

Oil and Gas 

(1) 1004–0034, which expires 

September 30, 2024; 

(2) 1004–0137, which expires January 

31, 2025; 

(3) 1004–0162, which expires 

December 31, 2024; 

(4) 1004–0185, which expires July 31, 

2025; 

Geothermal 

(5) 1004–0132, which expired July 31, 

2023; 13

Coal 

(6) 1004–0073, which expired April 

30, 2023; 14

Mining Claims 

(7) 1004–0025, which expires July 31, 

2025; 

(8) 1004–0114, which expired April 

30, 2023; 15 and 

Leasing of Solid Minerals Other Than 

Oil Shale 

(9) 1004–0121, which expires August 

31, 2025. 

Takings Implication Assessment 

(Executive Order 12630) 

As required by Executive Order 

12630, the BLM has determined that 

this final 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 use the consultation process set 

forth in Section 5 of the Executive order. 

Information Quality Act 

In developing this final 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 final rule 

is Faith Bremner 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. 

For reasons stated in the preamble, 

the Bureau of Land Management 

amends 43 CFR part 3000 as follows: 


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Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations 66699 

PART 3000—MINERALS 

MANAGEMENT: GENERAL 

■ 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 

■ 2. Amend § 3000.12 by revising 

paragraph (a) to read as follows: 

§ 3000.12 What is the fee schedule for 

fixed fees? 

(a) The table in this section shows the 

fixed fees that must be paid to the BLM 

for the services listed for Fiscal Year 

(FY) 2024. These fees are nonrefundable 

and must be included with documents 

filed under this chapter. Fees will be 

adjusted annually according to the 

change in the Implicit Price Deflator for 

Gross Domestic Product (IPD–GDP) and 

the change in the Consumer Price Index 

for all goods and all urban consumers 

(CPI–U) by way of publication of a final 

rule in the Federal Register and will 

subsequently be posted on the BLM 

website (https://www.blm.gov) before 

October 1 each year. Revised fees are 

effective each year on October 1. 

TABLE 1 TO PARAGRAPH (a)—FY 2024 PROCESSING AND FILING FEE TABLE

Document/action FY 2024 fee 

Oil & Gas (parts 3100, 3110, 3120, 3130, 3150): 

Competitive lease application ................................................................................................................................. $195. 

Assignment and transfer of record title or operating rights .................................................................................... 115. 

Overriding royalty transfer, payment out of production .......................................................................................... 15. 

Name change, corporate merger or transfer to heir/devisee ................................................................................. 265. 

Lease consolidation ................................................................................................................................................ 560. 

Lease renewal or exchange ................................................................................................................................... 505. 

Lease reinstatement, Class I .................................................................................................................................. 100. 

Leasing under right-of-way ..................................................................................................................................... 505. 

Geophysical exploration permit application—Alaska ............................................................................................. 30. 

Renewal of exploration permit—Alaska ................................................................................................................. 30. 

Geothermal (part 3200): 

Noncompetitive lease application ........................................................................................................................... 505. 

Competitive lease application ................................................................................................................................. 195. 

Assignment and transfer of record title or operating rights .................................................................................... 115. 

Name change, corporate merger or transfer to heir/devisee ................................................................................. 265. 

Lease consolidation ................................................................................................................................................ 560. 

Lease reinstatement ............................................................................................................................................... 100. 

Nomination of lands ................................................................................................................................................ 140. 

plus per acre nomination fee .......................................................................................................................... 0.14. 

Site license application ........................................................................................................................................... 75. 

Assignment or transfer of site license .................................................................................................................... 75. 

Coal (parts 3400, 3470): 

License to mine application .................................................................................................................................... 15. 

Exploration license application ............................................................................................................................... 415. 

Lease or lease interest transfer ............................................................................................................................. 85. 

Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500, 3580): 

Applications other than those listed below ............................................................................................................. 45. 

Prospecting permit application amendment ........................................................................................................... 85. 

Extension of prospecting permit ............................................................................................................................. 135. 

Lease modification or fringe acreage lease ........................................................................................................... 40. 

Lease renewal ........................................................................................................................................................ 650. 

Assignment, sublease, or transfer of operating rights ........................................................................................... 40. 

Transfer of overriding royalty ................................................................................................................................. 40. 

Use permit .............................................................................................................................................................. 40. 

Shasta and Trinity hardrock mineral lease ............................................................................................................ 40. 

Renewal of existing sand and gravel lease in Nevada .......................................................................................... 40. 

Public Law 359; Mining in Powersite Withdrawals: General (part 3730): 

Notice of protest of placer mining operations ........................................................................................................ 15. 

Mining Law Administration (parts 3800, 3810, 3830, 3860, 3870): 

Application to open lands to location ..................................................................................................................... 15. 

Notice of location * .................................................................................................................................................. 25. 

Amendment of location ........................................................................................................................................... 15. 

Transfer of mining claim/site .................................................................................................................................. 15. 

Recording an annual FLPMA filing ........................................................................................................................ 15. 

Deferment of assessment work .............................................................................................................................. 135. 

Recording a notice of intent to locate mining claims on Stockraising Homestead Act lands ............................... 40. 

Mineral patent adjudication .................................................................................................................................... 3,815 (more than 10 

claims). 

1,905 (10 or fewer claims). 

Adverse claim ......................................................................................................................................................... 135. 

Protest .................................................................................................................................................................... 85. 

Oil Shale Management (parts 3900, 3910, 3930): 

Exploration license application ............................................................................................................................... 400. 

Application for assignment or sublease of record title or overriding royalty .......................................................... 80. 

Onshore Oil and Gas Operations and Production (parts 3160, 3170): 


ddrumheller on DSK120RN23PROD with RULES1
66700 Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations 

TABLE 1 TO PARAGRAPH (a)—FY 2024 PROCESSING AND FILING FEE TABLE—Continued 

Document/action FY 2024 fee 

Application for Permit to Drill .................................................................................................................................. 12,155. 

* To record a mining claim or site location, this processing fee along with the initial maintenance fee and the one-time location fee required by 

statute (43 CFR part 3833) must be paid. 

* * * * * 

Laura Daniel-Davis, 

Principal Deputy Assistant Secretary, Land 

and Minerals Management. 

[FR Doc. 2023–21191 Filed 9–27–23; 8:45 am] 

BILLING CODE 4331–29–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Part 1355 and 1356 

RIN 0970–AC91 

Separate Licensing or Approval 

Standards for Relative or Kinship 

Foster Family Homes 

AGENCY: Children’s Bureau (CB); 

Administration on Children, Youth and 

Families (ACYF); Administration for 

Children and Families (ACF); 

Department of Health and Human 

Services (HHS). 

ACTION: Final rule. 

SUMMARY: This rule finalizes revisions to 

the definition of ‘‘foster family home’’ 

proposed on February 14, 2023 (here 

after referred to as the February 2023 

NPRM). Title IV–E agencies may choose 

to claim title IV–E federal financial 

participation (FFP) for the cost of foster 

care maintenance payments (FCMP) on 

behalf of an otherwise eligible child 

who is placed in a relative or kinship 

licensed or approved foster family home 

when the agency uses different licensing 

or approval standards for relative or 

kinship foster family homes and nonrelative/non-kinship foster family 

homes. In addition, the final rule 

requires title IV–E agencies to 

periodically review the amount of 

FCMPs to also ensure that the agency 

provides a licensed or approved relative 

or kinship foster family home the same 

amount of FCMP that would have been 

made if the child was placed in a nonrelated/non-kinship foster family home. 

DATES: This rule is effective on 

November 27, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen McHugh, Director, Policy 

Division, Children’s Bureau, (202) 205– 

8618. Telecommunications Relay users 

may dial 711 first. Email inquiries to 

cbcomments@acf.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Statutory Authority 

II. Background 

III. Overview of February 2023 NPRM 

Comments 

IV. Section-by-Section Responses to 

Comments 

V. Regulatory Process Matters 

VI. Tribal Consultation Statement 

I. Statutory Authority 

This rule is published under the 

authority granted to the Secretary of 

Health and Human Services (the 

Secretary) by section 1102 of the Social 

Security Act (the Act), 42 U.S.C. 1302. 

Section 1102 of the Act authorizes the 

Secretary to publish regulations, not 

inconsistent with the Act, as may be 

necessary for the efficient 

administration of the functions with 

which the Secretary is responsible 

under the Act. 

II. Background 

Each state and tribal licensing entity 

is responsible for establishing and 

maintaining licensing or approval 

standards for foster family homes. The 

Act requires only that such standards 

established by the state or tribe are 

reasonably in accord with 

recommended standards of national 

organizations for foster family homes 

related to admission policies, safety, 

sanitation, protection of civil rights, and 

use of the reasonable and prudent 

parenting standard (section 

471(a)(10)(A) of the Act), and that the 

caregiver fully meet federal 

requirements under section 471(a)(20) of 

the Act (concerning criminal 

background checks for all foster 

parents). The Act permits a title IV–E 

agency to waive non-safety-related 

licensing or approval standards for 

relative foster family homes on a caseby-case basis (section 471(a)(10)(D) of 

the Act). The Act also requires title IV– 

E agencies to provide a periodic review 

of licensing or approval standards and 

amounts paid as foster care maintenance 

payments (FCMP) and adoption 

assistance to assure their continuing 

appropriateness (section 471(a)(11) of 

the Act; 45 CFR 1356.21(m)). 

In 2000, ACF promulgated regulations 

that interpreted the Act to require that 

each state establish and apply its 

licensing or approval standards to all 

relative and non-relative foster family 

homes (45 CFR 1355.20). In the years 

following promulgation of the 2000 rule, 

research (Miller, Jennifer, ‘‘Creating a 

Kin-First Culture,’’ American Bar 

Association, July 1, 2017) concluded 

that children in foster care often do best 

when placed with relatives and kin 

because: (1) family connections are 

critical to healthy child development 

and a sense of belonging; (2) relative 

and kinship care helps to preserve 

children’s cultural identity and 

relationship to their community; and (3) 

children living with relatives experience 

fewer behavioral problems and higher 

placement stability rates compared to 

children living with non-relatives in 

foster care (88 FR 9414; (Child Welfare 

Information Gateway. (2022). Kinship 

care and the child welfare system. U.S. 

Department of Health and Human 

Services, Administration for Children 

and Families, Children’s Bureau. 

https://www.childwelfare.gov/pubs/fkinshi/); Generations United and 

National Indian Child Welfare 

Association. (2020). TOOLKIT— 

American Indian and Alaska Native 

Grandfamilies: Helping Children Thrive 

Through Connection to Family and 

Cultural Identity. www.gu.org and 

www.nicwa.org; (‘‘How can we prioritize 

kin in the home study and licensure 

process, and make placement with 

relatives the norm?’’ Casey Family 

Programs, 2020). Congress subsequently 

amended title IV–E of the Act to 

prioritize placements with and 

involvement of relatives when a child is 

removed from their home (sections 

471(a)(19) and (29) of the Act). 

Consistent with the research cited 

above and Congress’s amendments, ACF 

published the February 2023 NPRM 

proposing to allow a title IV–E agency 

to adopt one set of licensing or approval 

standards for all relative or kinship 

foster family homes that is different 

from the licensing or approval standards 

used for non-relative/non-kin foster 

family homes. ACF determined relative 

and kinship care is often the best option 

for children in foster care. However, 

current licensing standards may serve as 

a barrier to such placements (Miller, 


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