[Federal Register Volume 61, Number 44 (Tuesday, March 5, 1996)]
[Notices]
[Pages 8636-8638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4993]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[WO-320-4130-02-24 1A]
Notice of Proposed Information Collection
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) is announcing its intention to request
approval for the collection of information from mining claimants and
operators conducting activities on the Public Lands under the authority
of the mining laws. The purpose of the collection is to prevent
unnecessary or undue degradation and prevent impairment of wilderness
suitability as required by Sections 302(b) and 603(c) the Federal Land
Policy and Management Act.
DATES: Comments on the proposed information collection must be received
by May 6, 1996 to be assured of consideration.
[[Page 8637]]
ADDRESSES: Comments may be mailed to: Regulatory Management Team (420),
Bureau of Land Management, 1849 C Street NW, Room 401LS, Washington, DC
20240.
Comments may be sent via Internet to: WO140@attmail.com. Please
include ``ATTN: Surface Management'' 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: Richard E. Deery, (202) 452-0353.
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 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. Accordingly, BLM will not require any of the information
proposed to be collected as described below until it receives and
analyzes any comments and obtains approval from the Office of
Management and Budget under 44 U.S.C. 3501 et seq., and OMB assigns a
clearance number.
In 1980, the BLM published two final rules to establish procedures
for managing prospecting, exploration, mining and processing activities
on lands subject to the operation of the mining law (45 FR 13974, March
3, 1980 and 45 FR 78902, November 26, 1980). The two rule makings put
into place the regulations at 43 C.F.R. Subpart 3802 (Exploration and
Mining, Wilderness Review Program) and Subpart 3809 (Surface
Management). The principal authorities for these two sets of
regulations are the mining law (30 U.S.C. 22 et seq.) and the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). OMB
approved the information collections contained in these regulations and
assigned OMB clearance numbers 1004-0110 (34 C.F.R. 3802) and 1004-0104
(43 C.F.R. 3809).
BLM and the public generally refer to the two sets of regulations
as the ``surface management'' regulations. Under the terms of these
rules, anyone planning to conduct activities the public lands under the
mining law must submit various types of information to the BLM to
obtain a benefit: use of the public lands to prospect, explore,
develop, mine, or process Federally owned mineral resources pursuant to
the mining law. Depending on the lands involved in the activity, the
mining claimant or operator must submit the information in either a
Notice (43 C.F.R. 3809.1-3) or a Plan of Operations (43 C.F.R. 3802.1-4
and 3809.1-5). Casual use activities require no submission of
information to the BLM in either set of regulations. For the
convenience of the public, BLM proposes to treat both rules in a single
information collection approval. Consolidation of the information
collection burden is appropriate because on several occasions,
activities regulated under both sets of regulations have been embraced
by a single mineral property under the control of a single operator.
The types of information generally contained within each type of
response include: (1) The mining claimant or operator's name, address
and phone number; (2) the activity's location; (3) when available, the
mining claim recordation number(s); (4) the methods and equipment to be
employed during the operations; (5) a description of the proposed
activity sufficient to locate it on the ground; (6) a description of
reclamation or mitigation measures to be employed to prevent
unnecessary or undue degradation; (7) a description of location of
aircraft landing areas; (8) a description of access routes and
equipment used in construction; and (9) a description of measures to be
taken during periods of non-operation. In addition to the project
information, various types of financial information, financial
instruments and forms associated with bonding and financial guarantees
required to ensure reclamation will be required under pending
modifications of 43 C.F.R. 3809. For details on these requirements, see
the proposed bonding regulations at 56 FR 31602, published on July 11,
1991.
When mining claimants or operators propose to conduct mineral
development operations on the public lands, they may have to submit
information to State agencies as well. Prior to the promulgation of the
surface management regulations, relatively robust State programs were
developed in most of the western States. In recognition of these
programs, the regulations explicitly allow for the creation, by
memorandums of agreement, of joint State/Federal programs for
administration and enforcement of the regulations. Thus, in addition to
the information noted above, any information currently required by
State mining or reclamation laws and regulations for a permit or other
approval to conduct exploration or mining operations is to be submitted
BLM and the appropriate State agency.
When the required information is properly filed, BLM uses the
information to determine if the proposed activities will prevent
unnecessary or undue degradation of the public lands. If lands under
wilderness review are involved, BLM will also make a determination
regarding the prevention of wilderness impairment. In the latter case,
a determination that impairment may occur will result in the rejection
of the proposed plan. In the case where there is no land under
wilderness review, BLM will either approve a plan as submitted if it
prevents unnecessary or undue degradation or modify it to prevent
unnecessary or undue degradation. In making both of these
determinations, BLM makes use of the National Environmental Policy Act
(NEPA) process.
For Notice level actions, the information submitted by the
respondent is subject to review by BLM field staff, but no BLM approval
is necessary. BLM will examine any activity that may result in
unnecessary or undue degradation. In the event an activity may result
in unnecessary or undue degradation, BLM will advise the respondent not
to undertake that activity unless it is modified to eliminate the
conflict. Road construction resulting in inside cuts greater than three
feet can prompt a consultation requirement if the BLM decides such
consultation is necessary.
Based on BLM's experience administering the surface management
program over the past 15 years, the public reporting burden for this
entire collection is estimated to average 15 hours per response. The
respondents are mining claimants and operators of prospecting,
exploration, mining, and processing operations. The number of responses
per respondent is one per operation, and most responses are generally
sufficient for several year's worth of proposed activities. The number
of responses per year is
[[Page 8638]]
estimated to be about 1,300. The estimated total annual burden on new
respondents is collectively 19,500 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: February 28, 1996.
Annetta L. Cheek,
Regulatory Management Team.
[FR Doc. 96-4993 Filed 3-4-96; 8:45 am]
BILLING CODE 4310-84-P
