Mineral Surveys, Mineral Patent Applications, Adverse Claims, Protests, and Contests, 43 CFR Parts 3860 and 3870

Forms and Documents

Document Name	Status
Form 3860-5 Form 3860-5, Applications for Mineral Survey (43 CFR Subpart 3861) Form and Instruction	Modified
Form 3860-2 Form 3860-2, Certificate of Title on Mining Claims, or Title Abstract (43 CFR Subpart 3862) Form and Instruction	Modified
1004-0025 Supporting_statement.doc Supporting Statement A	2009-11-27
1004-0025 30-day published.pdf Supplementary Document	2009-11-27
30 U.S.C. 22 through 54.doc Supplementary Document	2009-10-30
43 CFR Part 3870.doc Supplementary Document	2009-10-30
43 CFR Part 3860.doc Supplementary Document	2009-10-30
1995 moratorium.pdf Supplementary Document	2009-10-30
60-day notice.pdf Supplementary Document	2009-06-03

IC Document Collections

IC ID	Document Title	Status
44949	Form 3860-5, Applications for Mineral Survey (43 CFR Subpart 3861) Form and Instruction	Modified
44551	Adverse Claims (43 CFR Subpart 3871)	Modified
44550	Lode Mining Claim Patent Applications (43 CFR Subpart 3862)	Modified
191352	Protests, Contests, and Conflicts (43 CFR Subpart 3872)	New
191348	Millsite Patents (43 CFR Subpart 3864)	New
191347	Placer Mining Claim Patent Applications (43 CFR Subpart 3863)	New
10480	Form 3860-2, Certificate of Title on Mining Claims, or Title Abstract (43 CFR Subpart 3862) Form and Instruction	Modified

ICR Details

OMB Control No: 1004-0025	ICR Reference No: 200906-1004-001
Status: Historical Active	Previous ICR Reference No: 200608-1004-003
Agency/Subagency: DOI/BLM	Agency Tracking No:
Title: Mineral Surveys, Mineral Patent Applications, Adverse Claims, Protests, and Contests, 43 CFR Parts 3860 and 3870
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 without change	Conclusion Date: 03/10/2010
	Date Received in OIRA: 11/27/2009
Terms of Clearance: This request to extend an existing collection of information is approved for three years. Prior to resubmission of the request for further extension, the Agency should provide in the Supporting Statement a description of all costs associated with this collection as well as updated estimates of burden hours.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2013	36 Months From Approved	03/31/2010
Responses	7	0	240
Time Burden (Hours)	256	0	8,545
Cost Burden (Dollars)	86,605	0	150

---

Abstract: These collections are used to determine if a mineral patent applicant is entitled to receive a land patent to his mining claim(s) and/or mill site(s) pursuant to the General Mining Law of 1872, as amended. They are also used to resolve administrative and legal challenges to the mineral patent application that arise under the General Mining Law by rival Claimants, the public, or the Government. At presnt, the BLM is prohibited from accepting or processing new mineral patent applications, so there is limited activity related to these information collections.

---

Authorizing Statute(s): PL: Pub.L. 111 - 88 408 Name of Law: Appropriations Act for the Department of the Interior and Related Agencies
   US Code: 30 USC 22-54 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:
	74 FR 26726	06/03/2009
30-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 62345	11/27/2009
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 7

IC Title	Form No.	Form Name
Form 3860-2, Certificate of Title on Mining Claims, or Title Abstract (43 CFR Subpart 3862)	3860-2	Certificate of Title on Mining Claims
Lode Mining Claim Patent Applications (43 CFR Subpart 3862)
Adverse Claims (43 CFR Subpart 3871)
Form 3860-5, Applications for Mineral Survey (43 CFR Subpart 3861)	3860-5	Application for Survey of Mining Claim
Millsite Patents (43 CFR Subpart 3864)
Placer Mining Claim Patent Applications (43 CFR Subpart 3863)
Protests, Contests, and Conflicts (43 CFR Subpart 3872)

---

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	7	240	0	0	-233	0
Annual Time Burden (Hours)	256	8,545	0	0	-8,289	0
Annual Cost Burden (Dollars)	86,605	150	0	0	86,455	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: We are requesting 7 responses and 256 annual burden hours, which is a decrease of 233 responses and 8,289 burden hours from our previous submission. This downward adjustment reflects the limited activity related to these information collections because of the congressional moratorium on accepting and processing applications for mineral patents. The change in the estimated nonhour cost (from $150 in the previous submission to $86,605 in this submission) accurately reflects the fees and costs associated with the information collection requirements.

---

Annual Cost to Federal Government: $16,492

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

---

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: 11/27/2009

---