[Federal Register Volume 67, Number 144 (Friday, July 26, 2002)]
[Notices]
[Pages 48938-48939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18889]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

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


Extension of 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) requests the Office of Management and 
Budget (OMB) to extend an existing approval to collection 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. The BLM 
uses the 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: You must submit your comments to BLM at the address below on or

[[Page 48939]]

before September 24, 2002. BLM will not necessarily consider any 
comments received after the above date.

ADDRESSES: You may mail comments to: Regulatory Affairs Group (WO-630), 
Eastern States Office, 7450 Boston Blvd., Springfield, Virginia 22153.
    You may send comments via Internet to: [email protected]. Please 
include ``ATTN: 1004-0025'' and your name and address with your 
comments.
    You may deliver comments 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: You may contact Roger A. Haskins, 
Solid Minerals Group, on (202) 452-0355 (Commercial or FTS). Persons 
who use a telecommunication device for the deaf (TDD) may call the 
Federal Information Relay Service (FIRS) on 1-800-877-8330, 24 hours a 
day, seven days a week, to contact Mr. Haskins.

SUPPLEMENTARY INFORMATION: 5 CFR 1320.12(a) requires that we provide a 
60-day notice in the Federal Register concerning a collection of 
information to solicit comments on:
    (a) Whether the collection of information is necessary for the 
proper functioning of the agency, including whether the information 
will have practical utility;
    (b) The accuracy of our estimates of the information collection 
burden, including the validity of the methodology and assumptions we 
use:
    (c) Ways to enhance the quality, utility, and clarity of the 
information collected; and
    (d) Ways to minimize the information collection burden on those who 
are to respond, including the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology.
    Under the General Mining Law (30 U.S.C. 29, 30, and 39), we grant 
the opportunity to obtain legal title (patent) to the land of those who 
explore for and locate valuable mineral deposits on the public domain 
lands. BLM implements the patent process under regulations 43 CFR 3860. 
Under 43 CFR 3870, any rival claimant with overlapping claims to the 
land applied for or anyone challenging BLM to issue the patent based on 
failure to follow the law or regulations must file with BLM certain 
required statements and evidence supporting the challenge or we will 
statutorily dismiss the challenge. The implementing regulations require 
a patent applicant to provide the following information:
    (1) Mineral survey application. Under 43 CFR Subpart 3861, the 
holder of a claim must submit to BLM a mineral survey for all lode 
claims, most mill sites, and placer claims located upon surveyed public 
lands, as a requisite to apply for a patent. BLM uses Form 3860-5 to 
collect the mining claim or site recording, chain-of-title, and 
geographic location information so that we can authorize a Deputy U.S. 
Mineral Surveyor to survey the claims or sites.
    (2) Mineral patent application. Under 43 CFR 3862, 3863, and 3864, 
a mineral patent applicant must file certain proofs of ownership to 
demonstrate clear title to the claim(s) or millsite(s), bonafide of 
development, and the existence of a commercial mineral deposit subject 
to the General Mining Law of 1872, as amended. BLM used Form 3860-2 for 
title verification until Congress implemented a moratorium on new 
mineral patent applications.
    Based on BLM's experience administering the General Mining Law, we 
estimate the public reporting burden to complete Form 3860-5 is one 
hour and for adverse claims or protests it is two hours. BLM estimates 
that we receive 30 mineral survey applications and 10 protests 
annually, with a total annual burden of 50 hours. The respondents are 
owners of unpatented mining claims and mill sites 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, Congress has passed an annual 
moratorium which prevents the BLM for processing mineral patent 
applications unless the applications were grandfathered under the 
initial legislation. This moratorium does not affect mineral surveys, 
contests, or protests to existing mineral patent applications.
    Any member of the public may request and obtain, without charge, a 
copy of BLM Form 3860-5 by contacting the person identified under FOR 
FURTHER INFORMATION CONTACT.
    BLM will summarize all responses to this notice and include them in 
the request for OMB approval. All comments will become a matter of a 
public record.

    Dated: July 9, 2002.
Michael H. Schwartz,
Bureau of Land Management, Information Collection Clearance Officer.
[FR Doc. 02-18889 Filed 7-25-02; 8:45 am]
BILLING CODE 4310-84-M