Notice of Proposed Information Collection

Federal RegisterFeb 14, 1996

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[WO-320-4130-02-24 1A]

RIN 1004-AC39

Notice of Proposed Information Collection

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice and request for comments.

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

Bureau of Land Management (BLM) is announcing its intention to request

approval for the collection of information annually from holders of

unpatented mining claims concerning use and occupancy of their claims.

DATES: Comments on the proposed information collection must be received

by April 15, 1996 to be assured of consideration.

ADDRESSES: Comments may be mailed to: Regulatory Management Team (420),

Bureau of Land Management, 1849 C Street NW., Room 401LS, Washington,

D.C. 20240.

Comments may be sent via Internet to: WO[email protected]. Please

include ``ATTN: U&O-Info'' and your name and return address in your

Internet message. Comments may be hand-delivered to the Bureau of Land

Management Administrative Record, Room 401, 1620 L Street NW.,

Washington, DC. Comments will be available for public review at the L

Street address during regular business hours (7:45 a.m. to 4:15 p.m.),

Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Richard E. Deery, (202) 452-0353.

SUPPLEMENTARY INFORMATION: In accordance with 5 CFR 1320.8(d) BLM is

required to provide 60-day notice in the Federal Register concerning a

proposed collection of information to solicit comments on (a) whether

the proposed collection of information is necessary for the proper

performance of the functions of the agency, including whether the

information will have practical utility; (b) the accuracy of the

agency's estimate of the burden of the proposed collection of

information, including the validity of the methodology and assumptions

used; (c) ways to enhance the quality, utility, and clarity of the

information to be collected; and (d) ways to minimize the burden of the

collection of information on those who are to respond, including

through the use of appropriate automated, electronic, mechanical, or

other technological collection techniques or other forms of information

technology. Accordingly, none of the information proposed to be

collected as described below will be required until comments have been

received and analyzed and approval has been obtained from OMB under 44

U.S.C. 3501 et seq. and a clearance number assigned.

In a proposed rule published in the Federal Register on September

11, 1992 (57 FR 41846), BLM proposed to established procedures for

managing existing and future use and occupancy of mining claims on BLM-

administered lands consistent with the mining law (30 U.S.C. 612) and

the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733).

Generally, under the terms of the proposed rule, any newly proposed

activity on public lands involving occupancy or fencing to exclude the

public would have to be acknowledged by BLM as reasonably related to

mining prior to the initiation of occupancy or fencing. Under the

proposed rule, anyone planning to use mining claims or the public lands

under the mining law for occupancy would have to submit the following

information to BLM, in addition to the information currently required

by 43 CFR subparts 3802 and 3809:

1. A map is sufficient detail to identify the site and placement of

(a) temporary or permanent structures, (b) fences and signs intended to

exclude the public, and (c) public passage or access routes through or

around the area; and

2. A written description of (a) how the proposed occupancy relates

to activities reasonably incident to prospecting, mining, or processing

operations, (b) how the proposed occupancy meets the standards of

Sec. 3715.2 of the proposed rule, and (c) the estimated period of use

and schedule for removal and reclamation. The proposed rule would also

allow a grace period during which existing occupancies would have to

come into compliance with the provisions of the regulations. To take

advantage of the grace period, existing occupancies would have to be

recorded with BLM through submittal of the same information described

above. The information is mandatory to obtain a benefit, use of the

public lands open to the mining laws for occupancy reasonably incident

to prospecting, mining, or processing operations.

[[Page 5798]]

Based on its review of comments on the proposed rule, BLM does not

anticipate significant changes in the final rule. BLM is considering,

however, changing the information requirements for existing occupancies

by significantly reducing the up-front information required to obtain

the one-year grace period. The reduction in the up-front reporting

burden would be realized through the use of a simple form that takes

about 10 minutes to fill out. The burden of providing the information

would remain, but would be required for existing occupancies only after

the benefit of the grace period is obtained. The information proposed

to be collected from existing occupancies for recording purposes would

subsequently be gathered by BLM field staff.

The public reporting burden for this entire collection, including

the simplified form and collection of information during the inspection

process, is estimated to average two hours per response. The

respondents are mining claimants and operators of prospecting,

exploration, mining, and processing operations. The number of responses

per respondent is one per operation. The number of new responses is

estimated to be 130 per year. The estimated total annual burden on new

respondents is collectively 260 hours. The estimated number of

respondents possessing existing occupancies is 1,950. The total annual

burden on respondents with existing occupancies would be a function of

the number of inspections carried out in any given year. The total

burden for these respondents would collectively total 3,900 hours

spread over a two- to three-year period, depending on the availability

of funding to conduct inspections.

All responses to this notice will be summarized and included in the

request for Office of Management and Budget approval. All comments will

also become a matter of public record.

Dated: February 7, 1996.

Annetta Cheek,

Leader, Regulatory Management Team.

[FR Doc. 96-3055 Filed 2-13-96; 8:45 am]

BILLING CODE 4310-84-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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