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Electronic Code of Federal Regulations

e-CFR Data is current as of October 22, 2014

Title 43Subtitle BChapter IISubchapter C → Part 3000


Title 43: Public Lands: Interior


PART 3000—MINERALS MANAGEMENT: GENERAL


Contents

Subpart 3000—General

§3000.0-5   Definitions.
§3000.1   Nondiscrimination.
§3000.2   False statements.
§3000.3   Unlawful interests.
§3000.4   Appeals.
§3000.5   Limitations on time to institute suit to contest a decision of the Secretary.
§3000.6   Filing of documents.
§3000.7   Multiple development.
§3000.8   Management of Federal minerals from reserved mineral estates.
§3000.9   Enforcement.
§3000.10   What do I need to know about fees in general?
§3000.11   When and how does BLM charge me processing fees on a case-by-case basis?
§3000.12   What is the fee schedule for fixed fees?

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.

Source: 48 FR 33659, July 22, 1983, unless otherwise noted.

Subpart 3000—General

§3000.0-5   Definitions.

As used in Groups 3000 and 3100 of this title, the term:

(a) Gas means any fluid, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarefied state at ordinary temperatures and pressure conditions.

(b) Oil means all nongaseous hydrocarbon substances other than those substances leasable as coal, oil shale or gilsonite (including all vein-type solid hydrocarbons).

(c) Secretary means the Secretary of the Interior.

(d) Director means the Director of the Bureau of Land Management.

(e) Authorized officer means any employee of the Bureau of Land Management authorized to perform the duties described in Group 3000 and 3100.

(f) Proper BLM office means the Bureau of Land Management office having jurisdiction over the lands subject to the regulations in Groups 3000 and 3100, except that all oil and gas lease offers, and assignments or transfers for lands in Alaska shall be filed in the Alaska State Office, Anchorage, Alaska.

(See §1821-2-1 of this title for office location and area of jurisdiction of Bureau of Land Management offices.)

(g) Public domain lands means lands, including mineral estates, which never left the ownership of the United States, lands which were obtained by the United States in exchange for public domain lands, lands which have reverted to the ownership of the United States through the operation of the public land laws and other lands specifically identified by the Congress as part of the public domain.

(h) Acquired lands means lands which the United States obtained by deed through purchase or gift, or through condemnation proceedings, including lands previously disposed of under the public land laws including the mining laws.

(i) Anniversary date means the same day and month in succeeding years as that on which the lease became effective.

(j) Act means the Mineral Leasing Act of 1920, as amended and supplemented (30 U.S.C. 181 et seq.).

(k) Party in interest means a party who is or will be vested with any interest under the lease as defined in paragraph (l) of this section. No one is a sole party in interest with respect to an application, offer, competitive bid or lease in which any other party has an interest;

(l) Interest means ownership in a lease or prospective lease of all or a portion of the record title, working interest, operating rights, overriding royalty, payments out of production, carried interests, net profit share or similar instrument for participation in the benefit derived from a lease. An interest may be created by direct or indirect ownership, including options. Interest does not mean stock ownership, stockholding or stock control in an application, offer, competitive bid or lease, except for purposes of acreage limitations in §3101.2 of this title and qualifications of lessees in subpart 3102 of this title.

(m) Surface managing agency means any Federal agency outside of the Department of the Interior with jurisdiction over the surface overlying federally-owned minerals.

(n) Service means the Minerals Management Service.

(o) Bureau means the Bureau of Land Management.

[48 FR 33659, July 22, 1983, as amended at 49 FR 2113, Jan. 18, 1984; 53 FR 17351, May 16, 1988; 53 FR 22835, June 17, 1988]

§3000.1   Nondiscrimination.

Any person acquiring a lease under this chapter shall comply fully with the equal opportunity provisions of Executive Order 11246 of September 24, 1965, as amended, and the rules, regulations and relevant orders of the Secretary of Labor (41 CFR part 60 and 43 CFR part 17).

§3000.2   False statements.

Under the provisions of 18 U.S.C. 1001, it is a crime punishable by 5 years imprisonment or a fine of up to $10,000, or both, for any person knowingly and willfully to submit or cause to be submitted to any agency of the United States any false or fraudulent statement(s) as to any matter within the agency's jurisdiction.

§3000.3   Unlawful interests.

No member of, or delegate to, Congress, or Resident Commissioner, and no employee of the Department of the Interior, except as provided in 43 CFR part 20, shall be entitled to acquire or hold any Federal lease, or interest therein. (Officer, agent or employee of the Department—see 43 CFR part 20; Member of Congress—see R.S. 3741; 41 U.S.C. 22; 18 U.S.C. 431-433.)

§3000.4   Appeals.

Except as provided in §§3101.7-3(b), 3120.1-3, 3165.4, and 3427.2 of this title, any party adversely affected by a decision of the authorized officer made pursuant to the provisions of Group 3000 or Group 3100 of this title shall have a right of appeal pursuant to part 4 of this title.

[53 FR 22835, June 17, 1988]

§3000.5   Limitations on time to institute suit to contest a decision of the Secretary.

No action contesting a decision of the Secretary involving any oil or gas lease, offer or application shall be maintained unless such action is commenced or taken within 90 days after the final decision of the Secretary relating to such matter.

§3000.6   Filing of documents.

All necessary documents shall be filed in the proper BLM office. A document shall be considered filed when it is received in the proper BLM office during regular business hours (see §1821.2 of this title).

§3000.7   Multiple development.

The granting of a permit or lease for the prospecting, development or production of deposits of any one mineral shall not preclude the issuance of other permits or leases for the same lands for deposits of other minerals with suitable stipulations for simultaneous operation, nor the allowance of applicable entries, locations or selections of leased lands with a reservation of the mineral deposits to the United States.

§3000.8   Management of Federal minerals from reserved mineral estates.

Where nonmineral public land disposal statutes provide that in conveyances of title all or certain minerals shall be reserved to the United States together with the right to prospect for, mine and remove the minerals under applicable law and regulations as the Secretary may prescribe, the lease or sale, and administration and management of the use of such minerals shall be accomplished under the regulations of Groups 3000 and 3100 of this title. Such mineral estates include, but are not limited to, those that have been or will be reserved under the authorities of the Small Tract Act of June 1, 1938, as amended (43 U.S.C. 682(b)) and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).

[53 FR 17351, May 16, 1988]

§3000.9   Enforcement.

Provisions of section 41 of the Act shall be enforced by the United States Department of Justice.

[53 FR 22835, June 17, 1988]

§3000.10   What do I need to know about fees in general?

(a) Setting fees. Fees may be statutorily set fees, relatively nominal filing fees, or processing fees intended to reimburse BLM for its reasonable processing costs. For processing fees, BLM takes into account the factors in Section 304 (b) of the Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1734(b)) before deciding a fee. BLM considers the factors for each type of document when the processing fee is a fixed fee and for each individual document when the fee is decided on a case-by-case basis, as explained in §3000.11.

(b) Conditions for filing. BLM will not accept a document that you submit without the proper filing or processing fee amounts except for documents where BLM sets the fee on a case-by-case basis. Fees are not refundable except as provided for case-by-case fees in §3000.11. BLM will keep your fixed filing or processing fee as a service charge even if we do not approve your application or you withdraw it completely or partially.

(c) Periodic adjustment. We will periodically adjust fees established in this subchapter according to change in the Implicit Price Deflator for Gross Domestic Product, which is published quarterly by the U.S. Department of Commerce. Because the fee recalculations are simply based on a mathematical formula, we will change the fees in final rules without opportunity for notice and comment.

(d) Timing of fee applicability. (1) For a document BLM receives before November 7, 2005, we will not charge a fixed fee or a case-by-case fee under this subchapter for processing that document, except for fees applicable under then-existing regulations.

(2) For a document BLM receives on or after November 7, 2005, you must include required fixed fees with documents you file, as provided in §3000.12(a) of this chapter, and you are subject to case-by-case processing fees as provided in §3000.11 of this chapter and under other provisions of this chapter.

[70 FR 58872, Oct. 7, 2005, as amended at 72 FR 50886, Sept. 5, 2007]

§3000.11   When and how does BLM charge me processing fees on a case-by-case basis?

(a) Fees in this subchapter are designated either as case-by-case fees or as fixed fees. The fixed fees are established in this subchapter for specified types of documents. However, if BLM decides at any time that a particular document designated for a fixed fee will have a unique processing cost, such as the preparation of an Environmental Impact Statement, we may set the fee under the case-by-case procedures in this section.

(b) For case-by-case fees, BLM measures the ongoing processing cost for each individual document and considers the factors in Section 304(b) of FLPMA on a case-by-case basis according to the following procedures:

(1) You may ask BLM's approval to do all or part of any study or other activity according to standards BLM specifies, thereby reducing BLM's costs for processing your document.

(2) Before performing any case processing, we will give you a written estimate of the proposed fee for reasonable processing costs after we consider the FLPMA Section 304(b) factors.

(3) You may comment on the proposed fee.

(4) We will then give you the final estimate of the processing fee amount after considering your comments and any BLM-approved work you will do.

(i) If we encounter higher or lower processing costs than anticipated, we will re-estimate our reasonable processing costs following the procedure in paragraphs (b)(1), (b)(2), (b)(3) and (b)(4) of this section, but we will not stop ongoing processing unless you do not pay in accordance with paragraph (b)(5) of this section.

(ii) If the fee you would pay under this paragraph (b)(4) is less than BLM's actual costs as a result of consideration of the FLPMA Section 304(b) factors, and we are not able to process your document promptly because of the unavailability of funding or other resources, you will have the option to pay BLM's actual costs to process your document. This will enable BLM to process your document sooner.

(iii) Once processing is complete, we will refund to you any money that we did not spend on processing costs.

(5)(i) We will periodically estimate what our reasonable processing costs will be for a specific period and will bill you for that period. Payment is due to BLM 30 days after you receive your bill. BLM will stop processing your document if you do not pay the bill by the date payment is due.

(ii) If a periodic payment turns out to be more or less than BLM's reasonable processing costs for the period, we will adjust the next billing accordingly or make a refund. Do not deduct any amount from a payment without our prior written approval.

(6) You must pay the entire fee before we will issue the final document.

(7) You may appeal BLM's estimated processing costs in accordance with the regulations in part 4, subpart E, of this title. You may also appeal any determination BLM makes under paragraph (a) of this section that a document designated for a fixed fee will be processed as a case-by-case fee. We will not process the document further until the appeal is resolved, in accordance with paragraph (b)(5)(i) of this section, unless you pay the fee under protest while the appeal is pending. If the appeal results in a decision changing the proposed fee, we will adjust the fee in accordance with paragraph (b)(5)(ii) of this section.

[70 FR 58872, Oct. 7, 2005]

§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 2015. 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.

FY 2015 Processing and Filing Fee Table

Document/ActionFY 2015 Fee
Oil & Gas (parts 3100, 3110, 3120, 3130, 3150)
Noncompetitive lease application$405.
Competitive lease application155.
Assignment and transfer of record title or operating rights90.
Overriding royalty transfer, payment out of production10.
Name change, corporate merger or transfer to heir/devisee210.
Lease consolidation445
Lease renewal or exchange405.
Lease reinstatement, Class I80.
Leasing under right-of-way405.
Geophysical exploration permit application—Alaska25.
Renewal of exploration permit—Alaska25.
Geothermal (part 3200)
Noncompetitive lease application405.
Competitive lease application155.
Assignment and transfer of record title or operating rights90.
Name change, corporate merger or transfer to heir/devisee210.
Lease consolidation445.
Lease reinstatement80.
Nomination of lands115.
plus per acre nomination fee0.11.
Site license application60.
Assignment or transfer of site license60.
Coal (parts 3400, 3470)
License to mine application10.
Exploration license application330.
Lease or lease interest transfer65.
Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500, 3580)
Applications other than those listed below35.
Prospecting permit application amendment65.
Extension of prospecting permit110.
Lease modification or fringe acreage lease30.
Lease renewal520.
Assignment, sublease, or transfer of operating rights30.
Transfer of overriding royalty30.
Use permit30.
Shasta and Trinity hardrock mineral lease30.
Renewal of existing sand and gravel lease in Nevada30.
Public Law 359; Mining in Powersite Withdrawals: General (part 3730)
Notice of protest of placer mining operations10.
Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 3870)
Application to open lands to location10.
Notice of location*20.
Amendment of location10.
Transfer of mining claim/site10.
Recording an annual FLPMA filing10.
Deferment of assessment work110.
Recording a notice of intent to locate mining claims on Stockraising Homestead Act lands30.
Mineral patent adjudication3,035 (more than 10 claims).
   1,520 (10 or fewer claims).
Adverse claim110.
Protest65.
Oil Shale Management (parts 3900, 3910, 3930)
Exploration license application320.
Application for assignment or sublease of record title or overriding royalty65.

*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.

(b) The amount of a fixed fee is not subject to appeal to the Interior Board of Land Appeals pursuant to part 4, subpart E, of this title.

[70 FR 58873, Oct. 7, 2005, as amended at 72 FR 24400, May 2, 2007; 72 FR 50886, Sept. 5, 2007, 73 FR 54720, Sept. 23, 2008; 74 FR 7193, Feb. 13, 2009; 74 FR 49334, Sept. 28, 2009; 75 FR 55682, Sept. 14, 2010; 76 FR 59062, Sept. 23, 2011; 77 FR 55424, Sept. 10, 2012; 78 FR 49949, Aug. 16, 2013; 79 FR 57480, Sept. 25, 2014]



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