[Federal Register Volume 64, Number 143 (Tuesday, July 27, 1999)]
[Notices]
[Pages 40618-40619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19052]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[WO-320-9-1990-00 24-1A]


Extension 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: WOC[email protected]. 
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, 
[email protected].

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 filed under 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 filed under 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 filed according 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 filed under 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. 99-19052 Filed 7-26-99; 8:45 am]
BILLING CODE 4310-84-M