[Federal Register Volume 65, Number 34 (Friday, February 18, 2000)]
[Notices]
[Pages 8438-8440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3955]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[WO-320-1990-02 24 1A]


Extension of Currently Approved Information Collection, OMB 
Approval Number 1004-0025

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) announces its intention to request 
extension of approval to collect certain information from all owners of 
unpatented mining claims or mill sites who desire to apply for a 
mineral patent to their mining claim or mill site. Also included in 
this extension request are collections of information from any rival 
claimant with overlapping claims to the land applied for, or from 
anyone challenging the issuance of the patent upon alleged failure to 
follow law or

[[Page 8439]]

regulations. BLM uses this information to determine the right to a 
mineral patent and to secure a settlement of all disputes concerning 
the property in order to issue the patent to the rightful owner.

DATES: Comments on the proposed information collection must be received 
by April 18, 2000, to be assured of consideration.

ADDRESSES: You may: (1) Mail comments to: Regulatory Management Team 
(630), Bureau of Land Management, 1849 C Street, NW, Room 401LS, 
Washington, D.C. 20240; (2) Send comments via Internet to: 
[email protected].; or (3) hand-deliver comments to: Bureau of Land 
Management Administrative Record, Room 401, 1620 L Street, NW, 
Washington, D.C. If you send comments via the Internet, please include 
``ATTN: 1004-0114'' and your name and return address in your message.
    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, Solid Minerals 
Group, (202) 452-0355.

SUPPLEMENTARY INFORMATION: In accordance with 5 CFR 1320.12(a), BLM is 
required to provide 60-day notice in the Federal Register concerning a 
collection of information contained in current rules to solicit 
comments on (a) whether the 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 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 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.
    Under the General Mining Law (30 U.S.C. 29, 30, and 39), those who 
explore for and locate valuable mineral deposits on the public domain 
are rewarded for their efforts by the opportunity to obtain legal title 
(patent) to the land. The patent process is implemented by BLM's 
regulations at 43 CFR Part 3860, which were revised into their current 
form in 1970 (35 FR 9754, June 13, 1970) and amended in 1973 (38 FR 
30001. October 31, 1973). The implementing regulations require a patent 
applicant to provide the following information:
    Mineral survey application. Under 43 CFR Subpart 3861, the holder 
of a claim who desires to obtain a patent must submit to BLM a mineral 
survey for all lode claims, most mill sites, and placer claims located 
upon unsurveyed public lands, as a requisite to applying for patent. 
BLM uses Bureau Form 3860-5 to collect the mining claim or site 
recording, chain-of-title, and geographic location information so that 
BLM can authorize a Deputy United States Mineral Surveyor to survey the 
claims or sites.
    Mineral patent application. Under 43 CFR Subparts 3862, 3863 and 
3864, a mineral patent applicant must file certain proofs of ownership 
demonstrating clear title to the claim(s) or millsite(s), bonafides of 
development, and the existence of a commercial mineral deposit subject 
to the General Mining Law of 1872, as amended. BLM uses Bureau Form 
3860-2 for title companies issuing a title opinion on mining claims so 
that BLM will have a standardized reporting process.
    Under 30 U.S.C. 29 and 30 and 43 CFR Part 3870, any rival claimant 
with overlapping claims to the land applied for, or anyone challenging 
the issuance of the patent upon alleged failure to follow law or 
regulation, must file with BLM certain required statements and evidence 
supporting their challenge, or the challenge is statutorily dismissed.
    BLM uses the information collected under these two Parts (43 CFR 
Parts 3860 and 3870) to determine if an applicant qualifies for a 
mineral patent to the claims or sites applied for under the Mining Law, 
to process legal challenges to such application by rival mining 
claimants, and to adjudicate protests and appeals files against BLM 
actions concerning mineral patent applications.
    The Mining Law specifies the information required of an applicant 
for mineral patent, a party filing an adverse claim, or a party filing 
a protest against a mineral patent application. If BLM did not collect 
this information, it could not adjudicate mineral patents and it could 
not recommend to the Secretary of the Interior an application for 
either patent issuance or initiation of mineral contest proceedings.
    Any interested member of the public may request and obtain, without 
charge, a copy of Bureau Forms 3860-2 and 3860-5 by contacting the 
person identified under FOR FURTHER INFORMATION CONTACT.
    Based on its experience administering the General Mining Law, BLM 
estimates the public reporting burden for completing the information 
collections described above as follows: mineral survey application--one 
hour, mineral patent application--80 hours, and adverse claim or 
protest--two hours. Burden means the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, or 
disclose or provide information to or for a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    The respondents are owners of unpatented mining claims and mill 
sites located upon the public lands, reserved mineral lands of the 
United States, National Forests, and National Parks. The frequency of 
response is once for each mineral survey, each application for patent, 
and each filing of a protest or adverse claim. Since October 1, 1994 
and each fiscal year thereafter, Congress has imposed a budget 
moratorium on the BLM such that no new mineral patent applications may 
be filed and any application existing on October 1, 1994 that was not 
grandfathered under the initial legislation may not be further 
adjudicated by BLM. This moratorium does not affect mineral surveys, 
contests, or protests to existing mineral patent applications. It is 
unlikely that Congress will remove the annual moratorium until the 
revised General Mining Law is enacted at some future date.
    In the absence of the moratorium, BLM estimates that it would 
receive 150 mineral patent applications, two adverse claims and three 
protests each year. The total annual burden is 30 hours for mineral 
survey applications, 12,000 for mineral patent applications, 20 hours 
for adverse claims, and six hours for protests. In the absence of the 
moratorium, the total annual burden for this consolidated information 
collection is 12,056 hours. If the moratorium remains in place, BLM 
estimates that it would receive no mineral patent applications, no 
adverse claims and ten protests each year. The total annual burden is 
then 30 hours for mineral survey applications, zero for mineral

[[Page 8440]]

patent applications, zero hours for adverse claims, and 20 hours for 
protests. In the absence of the moratorium, the total annual burden for 
this consolidated information collection is 50 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 part of the public record.

    Dated: February 1, 2000.
Carole Smith,
BLM Information Collection Information Officer.
[FR Doc. 00-3955 Filed 2-17-00; 8:45 am]
BILLING CODE 4310-84-M