[Federal Register Volume 61, Number 44 (Tuesday, March 5, 1996)]
[Notices]
[Pages 8636-8638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4993]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[WO-320-4130-02-24 1A]


Notice of Proposed Information Collection

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

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 from mining claimants and 
operators conducting activities on the Public Lands under the authority 
of the mining laws. The purpose of the collection is to prevent 
unnecessary or undue degradation and prevent impairment of wilderness 
suitability as required by Sections 302(b) and 603(c) the Federal Land 
Policy and Management Act.

DATES: Comments on the proposed information collection must be received 
by May 6, 1996 to be assured of consideration.


[[Page 8637]]

ADDRESSES: Comments may be mailed to: Regulatory Management Team (420), 
Bureau of Land Management, 1849 C Street NW, Room 401LS, Washington, DC 
20240.
    Comments may be sent via Internet to: WO[email protected]. Please 
include ``ATTN: Surface Management'' 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, BLM will not require any of the information 
proposed to be collected as described below until it receives and 
analyzes any comments and obtains approval from the Office of 
Management and Budget under 44 U.S.C. 3501 et seq., and OMB assigns a 
clearance number.
    In 1980, the BLM published two final rules to establish procedures 
for managing prospecting, exploration, mining and processing activities 
on lands subject to the operation of the mining law (45 FR 13974, March 
3, 1980 and 45 FR 78902, November 26, 1980). The two rule makings put 
into place the regulations at 43 C.F.R. Subpart 3802 (Exploration and 
Mining, Wilderness Review Program) and Subpart 3809 (Surface 
Management). The principal authorities for these two sets of 
regulations are the mining law (30 U.S.C. 22 et seq.) and the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). OMB 
approved the information collections contained in these regulations and 
assigned OMB clearance numbers 1004-0110 (34 C.F.R. 3802) and 1004-0104 
(43 C.F.R. 3809).
    BLM and the public generally refer to the two sets of regulations 
as the ``surface management'' regulations. Under the terms of these 
rules, anyone planning to conduct activities the public lands under the 
mining law must submit various types of information to the BLM to 
obtain a benefit: use of the public lands to prospect, explore, 
develop, mine, or process Federally owned mineral resources pursuant to 
the mining law. Depending on the lands involved in the activity, the 
mining claimant or operator must submit the information in either a 
Notice (43 C.F.R. 3809.1-3) or a Plan of Operations (43 C.F.R. 3802.1-4 
and 3809.1-5). Casual use activities require no submission of 
information to the BLM in either set of regulations. For the 
convenience of the public, BLM proposes to treat both rules in a single 
information collection approval. Consolidation of the information 
collection burden is appropriate because on several occasions, 
activities regulated under both sets of regulations have been embraced 
by a single mineral property under the control of a single operator.
    The types of information generally contained within each type of 
response include: (1) The mining claimant or operator's name, address 
and phone number; (2) the activity's location; (3) when available, the 
mining claim recordation number(s); (4) the methods and equipment to be 
employed during the operations; (5) a description of the proposed 
activity sufficient to locate it on the ground; (6) a description of 
reclamation or mitigation measures to be employed to prevent 
unnecessary or undue degradation; (7) a description of location of 
aircraft landing areas; (8) a description of access routes and 
equipment used in construction; and (9) a description of measures to be 
taken during periods of non-operation. In addition to the project 
information, various types of financial information, financial 
instruments and forms associated with bonding and financial guarantees 
required to ensure reclamation will be required under pending 
modifications of 43 C.F.R. 3809. For details on these requirements, see 
the proposed bonding regulations at 56 FR 31602, published on July 11, 
1991.
    When mining claimants or operators propose to conduct mineral 
development operations on the public lands, they may have to submit 
information to State agencies as well. Prior to the promulgation of the 
surface management regulations, relatively robust State programs were 
developed in most of the western States. In recognition of these 
programs, the regulations explicitly allow for the creation, by 
memorandums of agreement, of joint State/Federal programs for 
administration and enforcement of the regulations. Thus, in addition to 
the information noted above, any information currently required by 
State mining or reclamation laws and regulations for a permit or other 
approval to conduct exploration or mining operations is to be submitted 
BLM and the appropriate State agency.
    When the required information is properly filed, BLM uses the 
information to determine if the proposed activities will prevent 
unnecessary or undue degradation of the public lands. If lands under 
wilderness review are involved, BLM will also make a determination 
regarding the prevention of wilderness impairment. In the latter case, 
a determination that impairment may occur will result in the rejection 
of the proposed plan. In the case where there is no land under 
wilderness review, BLM will either approve a plan as submitted if it 
prevents unnecessary or undue degradation or modify it to prevent 
unnecessary or undue degradation. In making both of these 
determinations, BLM makes use of the National Environmental Policy Act 
(NEPA) process.
    For Notice level actions, the information submitted by the 
respondent is subject to review by BLM field staff, but no BLM approval 
is necessary. BLM will examine any activity that may result in 
unnecessary or undue degradation. In the event an activity may result 
in unnecessary or undue degradation, BLM will advise the respondent not 
to undertake that activity unless it is modified to eliminate the 
conflict. Road construction resulting in inside cuts greater than three 
feet can prompt a consultation requirement if the BLM decides such 
consultation is necessary.
    Based on BLM's experience administering the surface management 
program over the past 15 years, the public reporting burden for this 
entire collection is estimated to average 15 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, and most responses are generally 
sufficient for several year's worth of proposed activities. The number 
of responses per year is 

[[Page 8638]]
estimated to be about 1,300. The estimated total annual burden on new 
respondents is collectively 19,500 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: February 28, 1996.
Annetta L. Cheek,
Regulatory Management Team.
[FR Doc. 96-4993 Filed 3-4-96; 8:45 am]
BILLING CODE 4310-84-P