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. Under 36 CFR part

9, the NPS regulates mineral development activities in parks associated

with mining claims located under the 1872 Mining Law and with non-

Federal oil and gas rights.

DATES: Comments on this notice must be received by February 25, 2000.

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: January 31, 2000.

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, approximately 2,100

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,

597 non-Federal oil and gas operations exist in 11 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 reserves 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

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 in 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

the 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 and the

duration of such plans, assessing the annual 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 15 to 30 plans of

operations under its regulations: 5 to 10 plans of operations for

mining claims, and 10 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: 1200 to 2400 hours. The NPS

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

400 to 800 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 800 to 1600 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. 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.

[[Page 72359]]

Dated: December 3, 1999.

David B. Shaver,

Chief, Geologic Resources Division, Natural Resource Program Center.

[FR Doc. 99-33446 Filed 12-23-99; 8:45 am]

BILLING CODE 4310-70-P