[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Notices]
[Pages 40656-40657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19765]


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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. Currently, the 
NPS has regulations at 36 CFR Part 9 to control mineral development 
activities in park units on mining claims located under the 1872 Mining 
Law and non-Federal oil and gas rights.

DATES: Comments on this notice must be received by October 4, 1996.

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: October 31, 1996
    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, over 12,000 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, 580 non-
Federal oil and gas operations currently exist in 13 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 deposits 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 
park 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 within 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 an 
operator's proposed 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, the duration 
of such plans, and the fact that prospective operators initiate the 
plan of operations review process, assessing the annual

[[Page 40657]]

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 20 to 35 plans of 
operations under its regulations: 5 to 15 plans of operations for 
mining claims and 15 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: 1760 to 2520 hours. The NPS 
estimates that on an annual basis, it will take operators a range of 
440 to 1760 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 1320 to 1760 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. The NPS also solicits information 
and estimates on the typical costs that prospective operators incur in 
preparing complete plans of operations under both the Service's mining 
claim and non-Federal oil and gas rights. 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.

    Dated: July 26, 1996.
David B. Shaver,
Chief, Geologic Resources Division.
[FR Doc. 96-19765 Filed 8-2-96; 8:45 am]
BILLING CODE 4310-70-P