Notice of Request for Extension and Revision of a Currently Approved Information Collection

DEPARTMENT OF THE INTERIOR

National Park Service

Notice of Request for Extension and Revision of a Currently

Approved Information Collection

AGENCY: National Park Service, Interior.

ACTION: Notice and request for comments on information collection

regarding National Park Service mining regulations.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this

notice announces the National Park Service's (NPS) intention to request

that the Office of Management and Budget (OMB) extend and revise the

currently approved information collection budget for the NPS's minerals

management regulatory program inside park boundaries. Currently, the

NPS has regulations at 36 CFR Part 9 to control mineral development

activities in park units on mining claims located under the 1872 Mining

Law and non-Federal oil and gas rights.

DATES: Comments on this notice must be received by October 4, 1996.

ADDITIONAL INFORMATION OR COMMENTS: Contact Carol McCoy, Chief, Policy

and Regulations Branch, Geologic Resources Division, National Park

Service, P.O.Box 25287, Lakewood, Colorado 80225, (303) 969-2096.

SUPPLEMENTARY INFORMATION:

Title: NPS/Minerals Management Program/Mining Claims and Non-

Federal Oil and Gas Rights

OMB Number: 1024-0064

Expiration Date of Approval: October 31, 1996

Type of Request: Extension and revision of a currently approved

information collection

Abstract: While surprising, outstanding mineral rights exist in

many units of the National Park System. In most cases, these rights

predate the establishment of the units. Currently, over 12,000 mining

claims, which were located under the 1872 Mining Law, exist in a total

of 20 park units. The majority of these claims are located in Mojave

National Preserve that was added to the National Park System through

the California Desert Protection Act of 1994 (16 U.S.C. 410aaa). With

respect to non-Federal oil and gas rights in park units, 580 non-

Federal oil and gas operations currently exist in 13 park units. The

potential for additional non-Federal oil and gas operations in

additional units is tied to market forces and the quality and quantity

of oil and gas deposits in park boundaries that coincide with the

presence of private rights.

The NPS regulates mineral development activities inside park

boundaries on mining claims and on non-Federal oil and gas rights under

regulations codified at 36 CFR Part 9: Subpart A for mining claims and

Subpart B for non-Federal oil and gas rights. The NPS promulgated both

sets of regulations in the late 1970's. In the case of mining claims,

the NPS did so under Congressional authority granted under the Mining

in the Parks Act of 1976 (16 U.S.C. 1901 et seq.) and individual park

enabling statutes. For non-Federal oil and gas rights, the NPS

regulates development activities pursuant to authority under the NPS

Organic Act of 1916 as amended (16 U.S.C. 1 et seq.) and individual

park enabling statutes. As directed by Congress, the NPS developed the

regulations in order to protect park resources and visitor values from

the adverse impacts associated with mineral development within park

boundaries.

The heart of the regulations is the approved ``plan of operations''

requirement. Essentially, a plan of operations is a prospective

operator's blueprint setting forth all intended activities from access

to extraction to reclamation related to developing a particular mineral

right in a given park unit. The information required in a plan of

operations is set forth in NPS regulations. Before an operator can

commence development activities in a park unit, the NPS must approve an

operator's proposed plan of operations and the operator must secure a

bond in an amount sufficient to cover the cost of reclamation to the

Federal Government in the event the operator defaults on his/her

obligations.

Usually, an approved plan of operations covers the life of the mine

or well, from development and production to reclamation. Under NPS

regulations, such plans may be revised. No set form is required for a

plan of operations. Each plan is tailored to the intended activities of

an operator and the particulars of the environment, e.g., hardwood

forest or desert, presence of endangered species or cultural resources,

location and extent of water resources including wetlands.

Because of the variability among plans of operations, the duration

of such plans, and the fact that prospective operators initiate the

plan of operations review process, assessing the annual

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paperwork burden of complying with the NPS's mining regulations is

difficult. Below is the NPS's best estimate, pro-rated on an annual

basis, as to the number of respondents and number of hours involved in

complying with the Service's regulations governing mining claims and

non-Federal oil and gas rights.

Estimate of Burden: Public reporting burden for this collection of

information is estimated to average 80 hours per response.

Respondents: Publicly held companies, private companies and

individuals.

Estimate of Number of Respondents: On an annual basis, the NPS

estimates that it receives a range of between 20 to 35 plans of

operations under its regulations: 5 to 15 plans of operations for

mining claims and 15 to 20 plans of operations for non-Federal oil and

gas rights.

Estimated Number of Responses per Respondent: One. To conduct

mineral development operations in park units, a prospective operator

must submit a proposed plan of operations to the NPS for review and

approval. Once approved, such a plan covers the life of the operation.

If the plan is for geophysical work associated with private oil and gas

rights it may only cover a period of a few months. In contrast, a plan

for a production oil and gas well or a hardrock mine may cover a period

of 10 or more years.

Estimated Total Annual Burden: 1760 to 2520 hours. The NPS

estimates that on an annual basis, it will take operators a range of

440 to 1760 hours to prepare complete plans of operations for review

and approval under the Service's mining claim regulations at 36 CFR

Part 9, Subpart A. In the case of non-Federal oil and gas rights, the

NPS estimates it will take all operators a range of 1320 to 1760 hours

to prepare complete plans of operations for review and approval under

the Service's non-Federal oil and gas regulations at 36 CFR Part 9,

Subpart B.

Please send comments regarding the accuracy of the burden

estimates, ways to improve them and any other related comments on the

collection of information under the NPS's mining regulations at 36 CFR

Part 9 to the noted addressee above. The NPS also solicits information

and estimates on the typical costs that prospective operators incur in

preparing complete plans of operations under both the Service's mining

claim and non-Federal oil and gas rights. All responses to this notice

will be summarized and included in the request for OMB approval. All

comments will also become a matter of public record.

Dated: July 26, 1996.

David B. Shaver,

Chief, Geologic Resources Division.

[FR Doc. 96-19765 Filed 8-2-96; 8:45 am]

BILLING CODE 4310-70-P