[Federal Register Volume 61, Number 48 (Monday, March 11, 1996)]
[Notices]
[Pages 9719-9720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5673]



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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[WO-320-1990-2-24 1A]


Notice of Proposed Information Collection, OMB Approval Number 
1004-0110

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 to collect certain information from owners of unpatented 
mining claims. This information is needed for BLM to implement the 
Multiple Surface Use Act of 1955; the Multiple Mineral Development Act 
of 1954; the Act of April 8, 1948; and the general mining laws.

DATES: Comments on the proposed information collection must be received 
by May 10, 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: 1004-0110'' 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.

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. BLM will receive and analyze any comments sent in response 
to this notice and include them with its request for approval from the 
Office of Management and Budget under 44 U.S.C. 3501 et seq.
    To guard against use of mining claims for purposes unrelated to 
mining, Congress passed the Multiple Surface Use Act of 1955 (69 Stat. 
368, 30 U.S.C. 601-615), which is also known as Public Law 167, the 
Common Varieties Act, or the Surface Resources Act. Under the Act, 
mining claims located after the date of the Act (July 23, 1955) must 
only be used for prospecting, mining or processing operations and 
reasonably incident uses. Mining claims located prior to the date of 
the Act will be subject to the Act where, after notice and hearing, BLM 
determines the locator's surface rights are similarly limited. To 
defend against a Government inquiry as to the ownership of vegetal or 
mineral rights to locations made prior to July 23, 1955, an owner of an 
unpatented mining claim must submit the information required by the 
implementing regulations at 43 CFR 3712.2-3, including the date of 
location of the claim, the book and page of recordation of the notice 
or certificate of location, the section or sections of public land 
surveys which embrace the claim, whether the claimant is a locator or 
purchaser under the location, and the name and address of the claimant 
and of any other person with an interest in the claim.
    BLM uses the information provided by the mining claimant to 
determine the applicability of the use restrictions of the Multiple 
Surface Use Act to pre-Act claims. If BLM did not collect this 
information, mining claims located prior to the Act could be used for 
purposes unrelated to mining, which frequently cause adverse 
environmental impacts or create health and safety hazards on the public 
lands. See Unauthorized Activities on Hardrock Claims, GAO-RCED-90-111.
    In 1954, Congress passed the Multiple Mineral Development Act (68 
Stat. 708, 30 U.S.C. 521-531) to eliminate conflicts between claimants 
of locatable minerals and permittees and lessees of leasable minerals, 
such as coal, oil and gas. The Act permits development of the same 
tract of public land under both systems of mineral disposal, that is, 
both mining claims under the general mining law and permits and leases 
under the Mineral Leasing Act of 1920 can cover the same piece of 
public domain.
    To assert a right to Mineral Leasing Act deposits that lie under 
mining claims located prior to the date of the Act (August 13, 1954), a 
permittee or lessee may submit to BLM a request for publication under 
the implementing regulations at 43 CFR 3742.3-1. The request for 
publication must include a certified copy of the notice of application, 
offer, permit, or lease; an affidavit stating that the lands involved 

[[Page 9720]]
have been examined and giving the name and address of anyone found 
working the land; and a certificate setting forth the name of anyone 
found to have an interest in any pre-Act unpatented mining claim, based 
on an examination of records.
    Subsequently, BLM publishes a notice, to which an owner of an 
unpatented mining claim must submit the information required by the 
implementing regulations at 43 CFR 3742.3-2, including the date of 
location of the claim, the book and page of recordation of the notice 
or certificate of location, the section or sections of public land 
surveys which embrace the claim, whether the claimant is a locator or 
purchaser under the location, and the name and address of the claimant 
and of any other person with an interest in the claim.
    BLM uses the information provided by both the permittee or lessee 
and the mining claimant to determine whether the mining claimant has 
any right to or interest in Leasing Act minerals under the mining 
claim. If BLM did not collect this information, the rights of mining 
claimants to Leasing Act minerals located under their claims could be 
adversely affected.
    The Act of April 23, 1932 (47 Stat. 136, 43 U.S.C. 154) authorizes 
the Secretary of the Interior to open to location, entry and patent 
under the general mining laws public lands which are withdrawn from 
development under the Reclamation Act of June 17, 1902 (32 Stat. 388, 
43 U.S.C. 416). Under the implementing regulations at 43 CFR 3816.2, 
anyone wishing to open these lands may file an application with BLM. 
The application must include a description of the land and the factual 
basis for the belief that the land contains valuable mineral deposits.
    BLM uses the information provided by the applicant to determine if 
it is in the public interest to open land in reclamation withdrawals to 
mineral development. If BLM did not collect this information, the 
development of valuable mineral deposits on reclamation withdrawals 
would be precluded.
    The Act of April 8, 1948 (62 Stat. 162) reopened the revested 
Oregon and California Railroad and reconveyed Coos Bay Wagon road grant 
lands (the O&C lands) to exploration, location, entry and patent under 
the general mining laws. The Act also validated mineral claims located 
on the O&C lands during the period from August 28, 1937 to April 8, 
1948. The O&C lands comprise about 2 million acres of public 
forestlands in western Oregon that are managed by BLM. Under the Act, 
the owner of an unpatented mining claim must seek BLM approval to cut 
any timber located on the claim. Under the implementing regulations at 
43 CFR 3821.4, the claim owner must file a written application with the 
local BLM office. The application must identify the amount and kind of 
timber desired and the use to which it will be put.
    BLM uses the information to ensure that the cutting of timber on a 
valid mining claim located on the O&C lands is limited to that which 
corresponds to the amount and kind needed for the development and 
operation of the mine and does not conflict with multiple-use and 
resource management goals. If BLM did not collect this information, 
mining claimants would be precluded from cutting timber necessary for 
their mining operations.
    Based on BLM's experience administering the activities described 
above, the public reporting burden for the information collections is 
estimated to average one hour per response. The respondents are owners 
of unpatented mining claims, mill sites, and tunnel sites located upon 
the public lands, reserved mineral estates of the United States, 
restricted lands of the United States, National Forests, and National 
Parks. The frequency of response is one per demand or assertion of 
right. The number of responses per year is estimated to be about ten. 
The estimated total annual burden on new respondents is collectively 
ten 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: March 5, 1996.
Annetta L. Cheek,
Chief, Regulatory Management Team.
[FR Doc. 96-5673 Filed 3-8-96; 8:45 am]
BILLING CODE 4310-84-P