[Federal Register Volume 65, Number 85 (Tuesday, May 2, 2000)]
[Notices]
[Pages 25498-25500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10855]


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DEPARTMENT OF THE INTERIOR

National Park Service


30 Day Notice of Submission to the Office of Management and 
Budget, Opportunity for Public Comment

AGENCY: National Park Service, Interior.

ACTION: Notice of submission to Office of Management and Budget and 
request for comments on information collection related to National Park 
Service mining regulations.

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SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 
(44 U.S.C. 3507(a)(1)(D)), the National Park Service (NPS) invites 
comments on a submitted request to the Office of Management and Budget 
(OMB) to approve an extension, with revision, to a currently approved 
information budget for the NPS's minerals management regulatory program 
inside park units. Comments are invited on: (1) Whether the collection 
of information is necessary for the proper performance of the park 
protection functions of the NPS, including whether the information has 
practical utility; (2) the accuracy of the NPS estimate of the burden 
of the collection of information, including the validity of the 
methodology and assumptions used; (3) the quality, utility and clarity 
of the information to be collected; (4) ways to minimize the burden of 
the information collection on respondents, including use of automated, 
electronic, mechanical or other forms of information technology; and 
(5) on the typical costs that prospective operators incur in preparing 
complete plans of operation under NPS mining regulations. OMB has up to 
60 days to approve or disapprove the requested information collection 
budget but may respond after 30 days. Thus, public comments should be 
submitted to OMB within 30 days in order to assure their maximum 
consideration.

Primary Purpose of the Proposed Information Collection Request

    The NPS requires the submittal of information on prospective 
mineral development activities associated with mining claims and non-
Federal oil and gas rights within National Park System units to ensure 
that only operations that mitigate adverse impacts to park resources 
and values are permitted to operate in parks.

DATES: Public comments on this notice must be received by June 1, 2000.

ADDRESSES: Please send comments to OMB, Office of Information and 
Regulatory Affairs, ATTN: Desk Officer for the Interior Department 
(1024-0064), Washington, D.C. 20503. Please also forward a copy of your 
comments to Carol McCoy, Chief, Policy and Regulations Branch, Geologic 
Resources Division, NPS, P.O. Box 25287, Lakewood, Colorado 80225.
    All comments will become a matter of public record. Copies of the 
information collection request may be obtained by contacting Carol 
McCoy at the above noted address or by calling her at (303) 969-2096.

SUPPLEMENTARY INFORMATION:
    Title: NPS Minerals Management Program.
    Form: None.
    OMB Number: 1024-0064.
    Expiration Date: April 2000.
    Type of Request: Extension and revision of a currently approved 
information collection.
    Description of Need: 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, a little over 
2,000 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, 
597 non-Federal oil and gas operations exist in 11 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 reserves 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 
(i.e., ``9A regulations''), and Subpart B for non-Federal oil and gas 
rights (i.e., ``9B regulations''). 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

[[Page 25499]]

individual 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 in 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 
the 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 and the 
duration of such plans, assessing the annual 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.
    Respondents: \1/3\ medium to large publicly owned companies and \2/
3\ private entities.
    Estimate of Number of Respondents: On an annual basis, the NPS 
estimates that it receives a range of between 15 to 30 plans of 
operations under its regulations: 5 to 10 plans of operations for 
mining claims, and 10 to 20 plans of operations for non-Federal oil and 
gas rights. For analysis purposes, the NPS used an overall estimate of 
23 plans of operations per year: 8 plans of operations for mining 
claims, and 15 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.
    Estimate of Burden Per Respondent: Public reporting burden for this 
collection of information is estimated to average 176 hours per 
response.
    Estimated Total Annual Burden: 4048 hours. This number breaks down 
to 1408 total hours to comply with the information requirements of the 
9A regulations governing mining claim operations in parks, and 2650 
total hours to comply with the information requirements of the 9B 
regulations governing non-Federal oil and gas operations in parks.
    Methodology and Assumptions Underlying the Hour Estimate: Under the 
Service's 9A regulations and the 9B regulations, a complete plan may 
consist of 10 pages of text plus 2-10 pages of illustrations inclusive 
of location maps, site plans and cross-sections to 100 pages of text 
plus several volumes of supporting material depending on the complexity 
of the proposed operations. The latter type of plan for hardrock mining 
is a rarity in the NPS. The time to prepare a plan could range from 24 
hours to 6 months for a very complicated plan. Because the content of 
each plan is specific to the operation and site, and each operation and 
site present a unique set of circumstances, it is difficult to identify 
an ``average'' plan on which to base an estimate of preparation time. 
The NPS thus chose to use 160 hours (4 weeks) plus 10% for purposes of 
this analysis. In the case of the 9A regulations where an average of 8 
complete proposed plans are expected per year, the estimated total 
amount of time involved to prepare plans of operations is 1408 hours 
(i.e., 760 hours x 8 complete proposed plans). In the case of the 9B 
regulations where an average of 15 complete proposed plans are expected 
per year, the estimated total amount of time involved to prepare plans 
of operations is 2640 hours.
    Estimated Cost Per Respondent to Comply with the Paperwork 
Requirements: The NPS estimates that the annualized cost to all 
respondents to comply with the 9A regulations ranges from $14,080 to 
$140,800. The NPS estimated the cost per plan at $1,760 to $17,600. In 
the case of the 9B regulations, the NPS estimates the annualized cost 
to all respondents ranges from $75,000 to $225,000 based on a likely 
individual compliance cost range of $5,000 to $15,000.
    Methodology and Assumptions Underlying the Cost Estimate: For the 
9A regulations, the annualized estimated cost to all the respondents 
was determined as follows:
    (1) Nationwide, 8 plans of operations and associated information 
(e.g., bond, commercial vehicle registration) are expected annually 
from different operators;
    (2) Using an estimate of 160 hours to prepare a plan complete with 
attachments at a cost of $10 to $100 per hour (assuming the use of 
consultants for some or all parts of the plan requirements), the cost 
to prepare a plan could range from $1600 to $16,000.
    (3) The NPS added ten percent (i.e., $160 to $1,600) of the cost to 
prepare a plan of operations to account for administrative costs 
associated with changes in claim ownership, etc.
    An operator with experience in preparing plans of operations likely 
can prepare an acceptable plan for a moderately complex operation in a 
few weeks, since most of the components of the plan are compiled during 
the course of normal business activities. Many of the information 
requirements of the regulations should be compiled by a responsible 
operator as part of normal business activities, to minimize 
liabilities, maintain business records for tax and other purposes, 
obtain financial backing, and ensure a safe, efficient, and well-
planned operation. Under the regulations, information may be submitted 
in the manner in which it is customarily maintained in the industry. 
The reclamation plan and environmental report requirements [36 CFR 
Sec. 9.9(b)(6) and (9), respectively] comprise the bulk of the 
information collection burden associated with these regulations. There 
is no standard form for submitting information. The NPS makes pertinent 
environmental information in park files available to prospective 
operators to aid in the preparation of proposed plans of operations.
    For the 9B regulations, the NPS used a likely individual compliance 
cost range of $5,000 to $15,000. The range reflects the differences in 
types and numbers of operations that may be included in a single plan 
and the wide variations in the environmental settings in which non-
Federal oil and gas development occurs in parks, and the availability 
of pre-existing environmental data from parks. Much of the information 
required by 36 CFR Sec. 9.36 should be compiled by a

[[Page 25500]]

responsible operator as part of his/her normal business activities to 
minimize liabilities, maintain business records for tax and other 
purposes, obtain financial backing, and ensure a safe, efficient, and 
well-planned operation. The information may be submitted in the manner 
in which it is customarily maintained in the industry. The NPS does not 
require conformance with a standardized format. The reclamation plan 
and environmental report requirements [36 CFR Sec. 9.36(a)(12) and 
(16), respectively] comprise the bulk of the information collection 
burden associated with these regulations. The NPS makes pertinent 
environmental information in park files available to prospective 
operators to aid in the preparation of proposed plans of operations.
    Response to 60-Day Notice: On December 27, 1999, the NPS issued a 
notice in the Federal Register as to its intent to request an extension 
and revision to the information collection budget associated with the 
Service's minerals management program pursuant to 36 CFR Part 9 (see 64 
FR 72358-72359). The comment period closed on February 25, 2000. The 
NPS received one comment that questioned whether the NPS had adequately 
assessed the burden for compliance with NEPA. While NEPA compliance is 
the responsibility of the NPS and not respondents, the Service's Part 9 
regulations do require respondents to submit environmental data to the 
Service. As a result of the comment, the NPS reassessed the amount of 
time estimated for respondents to comply with the regulations. The NPS 
increased that time estimate to 160 hours plus 10% per respondent to 
more accurately account for time spent collecting and assembling data 
on the affected environment and possible resource impacts.

Leonard E. Stowe,
Information Collection Officer.
[FR Doc. 00-10855 Filed 5-1-00; 8:45 am]
BILLING CODE 4310-70-P