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. However, the fee adjustment is authorized by statute and the BLM has no discretion in the form or manner of making the adjustments. 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 for business concerns engaged in mining or less than $7 million in revenue for business concerns providing support activities for mining. This definition accords 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:

In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.):

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 12988, Civil Justice Reform

In accordance with Executive Order 12988, the BLM has determined that the 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 Office of Management and Budget has approved the information collection requirements in the regulation that this final rule is amending, under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq., and has assigned clearance number 10040114.

National Environmental Policy Act

The BLM has determined that this final rule is of a procedural nature, and part of the routine administration of the fee legislation. Therefore, this rule is categorically excluded from environmental review under Section 102(2)(C) of the National Environmental Policy Act, pursuant to 43 CFR 46.210(i). In addition, this rule does not present any of the 12 extraordinary circumstances listed in 43 CFR 46.215. Pursuant to the Council on Environmental Quality regulations (40 CFR 1508.4) and 43 CFR 46.205, the term ``categorical exclusion'' means a category of actions which do not individually or cumulatively have a significant effect on the human environment and that have been found to have no such effect in procedures adopted by a Federal agency and for which neither an environmental assessment nor an environmental impact statement is required.
Executive Order 13175, Consultation and Coordination With Indian Tribal Governments

In accordance with Executive Order 13175, we have considered the impact of this rule on the interests of Tribal governments. Because this rule does not specifically involve Indian reservation lands, governmenttogovernment relationships will remain unaffected. 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.

Authors

The principal author of this final rule is Rick Deery in the Solid Minerals Division, Washington Office, BLM, assisted by Jean Sonneman in the Regulatory Affairs Division, Washington Office, BLM.

List of Subjects in 43 CFR Part 3830

Land Management Bureau, Mineral royalties, Mines, Public lands mineral resources, Reporting and recordkeeping requirements, Maintenance fees.
For the reasons stated in the preamble, and under the authority of 30 U.S.C. 28f28k, as amended by Public Law 110161, Division F, part 3830, Group 3800, Subchapter C, Chapter II of Title 43 of the Code of Federal Regulations is amended as follows:
PART 3830LOCATION OF MINING CLAIMS
1. The authority citation for part 3830 continues to read as follows:

Authority: 18 U.S.C. 1001, 3571; 30 U.S.C. 22 et seq., 242, 611; 31 U.S.C. 9701; 43 U.S.C. 2, 1201, 1212, 1457, 1474, 1701 et seq.; 44 U.S.C. 3501 et seq.; 115 Stat. 414.
Subpart DBLM Service Charge and Fee Requirements
2. Revise Sec. 3830.21 to read as follows:
Sec. 3830.21 What are the different types of service charges and fees?

The following table lists service charges, maintenance fees, location fees, and oil shale fees (all crossreferences refer to this chapter):
Amount due per
Transaction mining claim or Waiver available site
(a) Recording a mining claim or (1) A total sum No.
site location (part 3833). which includes.
(i) the processing
fee for notices
of location found
in the fee
schedule in Sec.
3000.12 of this
chapter.
(ii) A onetime
$34 location fee.
(iii) An initial
$140 maintenance
fee.
(b) Amending a mining claim or The processing fee No.
site location (Sec. 3833.20). for amendment of
location found in
the fee schedule
in Sec. 3000.12
of this chapter.
(c) Transferring a mining claim The processing fee No.
or site (Sec. 3833.30). for transfer of
mining claim/site
found in the fee
schedule in Sec.
3000.12 of this
chapter.
(d) Maintaining a mining claim A $140 annual Yes, see part or site for one assessment year maintenance fee. 3835. (part 3834).
(e) Recording an annual FLPMA The processing fee No .
filing (Sec. 3835.30). for recording an
annual FLPMA
filing found in
the fee schedule
in Sec. 3000.12
of this chapter.
[[Page 30962]]
(f) Submitting a petition for The processing fee No.
deferment of assessment work for deferment of
(Sec. 3836.20). assessment work
found in the fee
schedule in Sec.
3000.12 of this
chapter.
(g) Maintaining an oil shale An annual $550 fee No.
placer mining claim (Sec.
3834.11(b)).
(h) Recording a notice of intent The filing fee for No.
to locate mining claims on recording a
Stockraising Homestead Act notice of intent
Lands (part 3838). to locate mining
claims on Stock
Raising Homestead
Act Lands found
in the fee
schedule in Sec.
3000.12 of this
chapter.

Dated: June 18, 2009.
Ned Farquhar,
Acting Assistant Secretary of the Interior, Land and Minerals Management.
[FR Doc. E915248 Filed 62609; 8:45 am]
BILLING CODE 431084P

FOR FURTHER INFORMATION CONTACT

Rick Deery in the Solid Minerals Division at (202) 4520353. For assistance in reaching Mr. Deery, persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service at 1 (800) 8778339, 24 hours a day, 7 days a week.