Notice of Proposed Information Collection

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, none of the information proposed to be collected as described below will be required until comments have been received and analyzed and approval has been obtained from OMB under 44 U.S.C. 3501 et seq. and a clearance number assigned. In a proposed rule published in the Federal Register on September 11, 1992 (57 FR 41846), BLM proposed to established procedures for managing existing and future use and occupancy of mining claims on BLM- administered lands consistent with the mining law (30 U.S.C. 612) and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733). Generally, under the terms of the proposed rule, any newly proposed activity on public lands involving occupancy or fencing to exclude the public would have to be acknowledged by BLM as reasonably related to mining prior to the initiation of occupancy or fencing. Under the proposed rule, anyone planning to use mining claims or the public lands under the mining law for occupancy would have to submit the following information to BLM, in addition to the information currently required by 43 CFR subparts 3802 and 3809: 1. A map is sufficient detail to identify the site and placement of (a) temporary or permanent structures, (b) fences and signs intended to exclude the public, and (c) public passage or access routes through or around the area; and 2. A written description of (a) how the proposed occupancy relates to activities reasonably incident to prospecting, mining, or processing operations, (b) how the proposed occupancy meets the standards of Sec. 3715.2 of the proposed rule, and (c) the estimated period of use and schedule for removal and reclamation. The proposed rule would also allow a grace period during which existing occupancies would have to come into compliance with the provisions of the regulations. To take advantage of the grace period, existing occupancies would have to be recorded with BLM through submittal of the same information described above. The information is mandatory to obtain a benefit, use of the public lands open to the mining laws for occupancy reasonably incident to prospecting, mining, or processing operations.

Based on its review of comments on the proposed rule, BLM does not anticipate significant changes in the final rule. BLM is considering, however, changing the information requirements for existing occupancies by significantly reducing the up-front information required to obtain the one-year grace period. The reduction in the up-front reporting burden would be realized through the use of a simple form that takes about 10 minutes to fill out. The burden of providing the information would remain, but would be required for existing occupancies only after the benefit of the grace period is obtained. The information proposed to be collected from existing occupancies for recording purposes would subsequently be gathered by BLM field staff. The public reporting burden for this entire collection, including the simplified form and collection of information during the inspection process, is estimated to average two 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. The number of new responses is estimated to be 130 per year. The estimated total annual burden on new respondents is collectively 260 hours. The estimated number of respondents possessing existing occupancies is 1,950. The total annual burden on respondents with existing occupancies would be a function of the number of inspections carried out in any given year. The total burden for these respondents would collectively total 3,900 hours spread over a two- to three-year period, depending on the availability of funding to conduct inspections. 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 7, 1996. Annetta Cheek, Leader, Regulatory Management Team. [FR Doc. 96-3055 Filed 2-13-96; 8:45 am] BILLING CODE 4310-84-M