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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1004-0114
ICR Reference No:
201903-1004-003
Status:
Active
Previous ICR Reference No:
201702-1004-001
Agency/Subagency:
DOI/BLM
Agency Tracking No:
Title:
Recordation of Location Notices and Mining Claims; Payment of Fees (43 CFR 3832-3838)
Type of Information Collection:
Extension without change of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved with change
Conclusion Date:
04/03/2020
Retrieve Notice of Action (NOA)
Date Received in OIRA:
11/19/2019
Terms of Clearance:
In accordance with 5 CFR 1320, the information collection is approved for three years.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
04/30/2023
36 Months From Approved
04/30/2020
Responses
191,492
0
136,338
Time Burden (Hours)
91,680
0
64,359
Cost Burden (Dollars)
3,078,360
0
1,699,860
Abstract:
The information that is collected in accordance with this control number enables the BLM to maintain records of mining claims and sites on Federal lands, and enables the BLM to determine which mining claims and sites claimants wish to continue to hold such claims and sites. The BLM collects information under this control number in accordance with the Stock Raising Homestead Act (SRHA) and other statutes. The BLM seeks modifications of Form 3830-3, which is one of several information collection activities authorized by this control number. The modifications would clarify that more than one surface owner and more than one locator may be involved in a notice of intent to locate a lode or tunnel site on SRHA lands. These modifications are consistent with 43 CFR 3838.12, which requires such a notice to include the names, mailing addresses, and telephone numbers of everyone who is filing Form 38030-3, and of all known surface owners of the affected SRHA lands.
Authorizing Statute(s):
US Code:
30 USC 621 - 625
Name of Law: Mining Claims Rights Restoration Act
US Code:
43 USC 299 and 301
Name of Law: Stock Raising Homestead Act
US Code:
43 USC 1744
Name of Law: Section 314 of the Federal Land Policy and Management Act
US Code:
30 USC 21 - 54
Name of Law: General Mining Law
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
84 FR 15636
04/16/2019
30-day Notice:
Federal Register Citation:
Citation Date:
84 FR 63672
11/18/2019
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
8
IC Title
Form No.
Form Name
Amending a Location Notice (43 CFR 3833, Subpart B)
Annual FLPMA Documents (43 CFR Part 3835, Subpart C)
3830-004
Affidavit of Annual Assessment of Work
Deferring Assessment Work (43 CFR 3836, Subpart B)
Locating Mining Claims or Sites (43 CFR 3832)
Notice of Intent to Locate on SRHA Lands (43 CFR 3838)
3830-003
NOTICE OF INTENT TO LOCATE A LODE OR PLACER MINING CLAIM(S) AND/OR A TUNNEL SITE(S) ON LANDS PATENTED UNDER THE STOCK RAISING HOMESTEAD ACT OF 1916, AS AMENDED BY THE ACT OF APRIL 16, 1993
Recording a New Location Notice (43 CFR 3833, Subpart A)
Transfer of Interest (43 CFR 3833, Subpart C) or Acquisition of a Delinquent Co-Claimant's Interests ina Mining Claim or Site (43 CFR Part 3837)
Waiver from Annual Maintenance Fees (43 CFR 3835, Subpart A)
Form 3830-002
Maintenance Fee Waiver Certification
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
191,492
136,338
0
0
55,154
0
Annual Time Burden (Hours)
91,680
64,359
0
0
27,321
0
Annual Cost Burden (Dollars)
3,078,360
1,699,860
0
0
1,378,500
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The estimated numbers of responses for all of the information collection activities have been adjusted. The total numbers of responses have increased from 136,338 to 191,492, a difference of 55,154. While none of the hours per response have been adjusted, the total numbers of hours have been affected by the adjustments in numbers of responses. The reasons for these adjustments vary: Notice of Intent to Locate under the Stock Raising Homestead Act: This number is usually low but can vary depending on where claims are located. Wyoming and California get the majority of these, but it seems there are more locations in other states also in the past three years. Locating Mining Claims or Sites and Recording a New Location Notice: The average for the previous three years was higher because there were a lot of new locations in particular for lithium, uranium and vanadium. Transfer of Interest: Placer fees in accordance with 43 CFR Part 8344 have slightly decreased, which could be an indication of a slight slow down in claimants trying to avoid paying placer maintenance fees via transfers of interest. Waiver from Annual Maintenance Fee: There has continued to be a slight increase in the filing of waivers. Most of these are for association placer claims to avoid paying the annual maintenance fee based on each 20 acres or portion thereof of a placer claim. Annual FLPMA Documents: Just as the waivers slightly increased, so did the filing of FLPMA documents because when claimants files waivers, they are required by law to file a FLPMA document to show they performed assessment work on their claims. Paying the maintenance fee is in lieu of having to perform assessment work so if the claimants do not pay the fee, then they have to perform assessment work and show they did that through a FLPMA document. For the same reason claimants transfer claims due to the way placer fees are calculated, claimants chose to file a waiver instead of paying fees if they had 10 or fewer claims because there is no fee for filing a waiver. It is their way of circumventing having to pay the maintenance fee. Non-hour burdens for this information collection also have increased from $1,677,670 to $3,078,360, a difference of $1,400,690. This increase is in part due to adjustments in per-response processing fees according to the Implicit Price Deflator for Gross Domestic Product, in accordance with 43 CFR 3000.12.
Annual Cost to Federal Government:
$4,393,009
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Chandra Little 202 912-7403 cclittle@blm.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
11/19/2019