Agency information collection activities: Proposed collection; comment request,

FR, July 27, 1999 › Notices › Land Management Bureau

Linked as:

Text

Federal Register: July 27, 1999 (Volume 64, Number 143)NoticesPage 40618-40619From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr27jy99-89

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

WO-320-9-1990-00 24-1AExtension of Currently Approved Information Collection, OMB Approval Number 1004-0114

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the Bureau of Land Management (BLM) is announcing its intention to request extension of approval to collect certain information from the owners of unpatented mining claims, mill sites, and tunnel sites to allow the BLM to record such claims and sites, determine the land status at the time of location, collect annual maintenance and location fees, process annual waiver from such fees, process annual affidavits of labor or notices of intent to hold a mining claim or site, process requests for deferments from assessment work, process transfers of interest, and generally adjudicate such claims and sites for compliance with the 1872 Mining Law, as amended and the Federal Land Policy and Management Act of 1976 (FLPMA), as amended.

DATES: Comments on the proposed information collection must be received by September 27, 1999.

ADDRESSES: Comments may be mailed to: Regulatory Management Team (420), Bureau of Land Management, 1849 C Street, NW., Room 401 LS, Washington, DC 20240. Comments may be sent via Internet to: WOComment@blm.gov. Please include ``Attn: 1004-0114'' 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: Roger A. Haskins, (202) 452-0355, roger__haskins@blm.gov.

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 of 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. BLM will analyze any comments sent in response to this notice and include them with its request for extension of approval from the Office of Management and Budget under 44 U.S.C. 3501 et seq.

Recording Claims

Under sections 314 (a) and (b) of FLPMA (43 U.S.C. 1744), owners of unpatented mining claims, mill sites, and tunnel sites located on federal lands must notify BLM of the location of the claim or site within 90 days after it has been filedunder State law. Under the implementing regulations at 43 CFR 3833.1-2, the claim owner must provide the name or number of the claim, the name and address of the claim owner(s), the type of claim, the date of location, and a description of the claim or mineral survey.

Maintenance Fee Waiver

Under 30 U.S.C. 28f (Pub. L. 105-277, 112 Stat. 2681-235), owners of unpatented mining claims, mill sites, and tunnel sites must pay an annual maintenance fee of $100 per claim or site, unless the fee is waived. The fee is in lieu of the requirement to perform and record annual assessment work. Under BLM's implementing regulations at 43 CFR 3833.1-7, owners of no more than ten mining claims can annually apply for and obtain from BLM a maintenance fee waiver by submitting the following information: (1) The mining claim and names and BLM serial numbers, (2) a declaration of owning no more than ten claims and sites, (3) a declaration of having complied with the assessment work requirements, (4) the names and addresses of all owners of the claims and sites, and (5) the owners' signatures. BLM uses Form 3830-2 to simplify the collection of the required information. Any interested member of the public may request and obtain, without charge, a copy of Form 3830-2 by contacting the person identified under FOR FURTHER INFORMATION CONTACT.

Annual Assessment Work

Under section 314(a) of FLPMA and 30 U.S.C. 28f, owners of unpatented mining claims, mill sites, and tunnel sites who qualify for a waiver of the

[Page 40619]maintenance fee must annually file either evidence of annual assessment work for each claim and site or a notice of intention to hold for each claim and site. Under BLM's implementing regulations at 43 CFR 3833.2- 4, evidence of annual assessment work must be in the form of either (a) a copy of the evidence of work performed and filedunder applicable State law, BLM serial number for each claim and site, and any changes in the owner's mailing address or (b) a copy of any geological, geochemical, and geophysical surveys filedaccording to State law, along with the BLM serial number of the claim or site, and any mailing address changes. Under 43 CFR 3851.2, the surveys must contain the location of the work performed in relation to the claim boundaries; the nature, extent, and cost of the work performed; the basic findings of the survey(s); and the name, address, and professional background of the person(s) performing the work.

Notice of Intent To Hold

Under BLM's implementing regulations at 3833.2-5, the notice of intention to hold one or more mining claims must be in the form of either (a) A copy of the document filedunder applicable State law containing the BLM serial number(s) of the claim(s) and any change in the mailing address of the owner(s) of the claim(s), (b) a reference to the BLM decision deferring annual assessment work, or (c) a reference to a pending petition for deferment of annual assessment work. Under 43 CFR 3852, a claimant may request deferment of assessment work by filing with BLM a petition containing the names of the claims, dates of location, and the date of the beginning of the requested one-year deferment period. A notice of intention to hold one or more mill or tunnel sites must contain the BLM serial number assigned to each site and any change in the mailing address of the site owner(s).

Transfer of Interest

Under 43 CFR 3833.3, whenever the owner of an unpatented mining claim, mill site or tunnel site sells, assigns, or otherwise conveys any interest in a claim or site, the person receiving the claim site must file the following information with BLM: the BLM serial number of the claim, the name and address of the person receiving an interest in the claim, and a copy of the document transferring the interest under applicable State law. The same information must be submitted to BLM if someone inherits an interest in a claim or site.

Notice of Intent To Locate

In 1993, Congress amended section 9 of the Stock Raising Homestead Act (39 Stat. 864, 43 U.S.C. 299) to require anyone desiring to explore for or locate a mining claim on a stock raising homestead to file with BLM a notice of intent if the mineral activities related to the exploration cause no more than a minimal disturbance of surface resources and do not involve the use of heavy equipment, explosive, road construction, drill pads or hazardous materials (Pub. L. 103-23, 107 Stat. 60). Under BLM's implementing regulations at 43 CFR 3833.0- 3(g) and 3833.1-2(c) and (d), the notice of intent must contain the name and mailing address of the person filing the notice and a legal description of the lands to which the notice applies. Those desiring to explore for or locate a mining claim must also provide the surface owner with a brief description of the proposed mineral activities; a map and legal description of the lands to be subject to mineral exploration; the name, address, and phone number of the person managing the activities; and the date(s) on which the activities will take place. BLM uses form 3830-3 (formerly 3814-4) to simplify the collection of the required information. Copies of the form may be obtained without charge by contacting the person identified under FOR FURTHER INFORMATION CONTACT.

Use of Information

BLM will use all of the information collection described above to determine the number and location of unpatented mining claims, mill sites and tunnel sites located on federal lands to assist in the surface management of these lands and any minerals found there; to remove any cloud on the title to those lands due to abandoned mining claims; to provide information as to the location of active claims; and to keep informed about transfers of interest and ownership. If BLM did not collect this information, the rights of surface and mineral owners would not be protected, the government's ability to locate and control surface disturbance would be compromised, and opportunities for mineral exploration and development would be unnecessarily circumscribed.

Public Reporting Burden

Based on BLM's experience administering FLPMA and the general mining laws, BLM estimates the public reporting burden for this information collection to average 8 minutes per response. The respondents are owners of unpatented mining claims, mill sites, and tunnel sites located on the public domain and individuals or organizations who seek to explore for or locate a mining claim on lands subject to the Stock Raising Homestead Act, as amended. The frequency of response is once, upon recording, and annually thereafter, and in the case of lands subject of the Stock Raising Homestead Act, one per entry. The number of responses per year is estimated to be about 364,000. The estimated total annual burden on new respondents collectively is about 48,545 hours. 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: July 20, 1999. Carole J. Smith, Information Collection Officer.

FR Doc. 99-19052Filed7-26-99; 8:45 amBILLING CODE 4310-84-M