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, Application for Survey of Mining Claim (43 CFR Subpart 3861) Form and Instruction	Modified
Form 3860-2 Certificate of Title on Mining Claims, or Title Abstract (43 CFR 3862.1-3) Form and Instruction	Modified
1004-0025.30daynotice..pdf Supplementary Document	2013-01-25
1004-0025.Supporting statement.doc Supporting Statement A	2013-01-15
60-day notice.pdf Supplementary Document	2012-09-05
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

IC Document Collections

IC ID	Document Title	Status
44949	Form 3860-5, Application for Survey of Mining Claim (43 CFR Subpart 3861) Form and Instruction	Modified
44551	Adverse Claims (43 CFR Subpart 3871)	Modified
44550	Lode Mining Claim Patent Application / More than 10 Claims (43 CFR Subpart 3862)	Modified
204996	Placer Mining Claim Patent Applicatoin / 10 or Fewer Claims (43 CFR subpart 3863)	New
204995	Millsite Patents / 10 or Fewer Claims (43 CFR subpart 3864)	New
204844	Lode Mining Claim Patent Application / 10 or Fewer Claims (43 CFR Subpart 3862)	New
191352	Protests, Contests, and Conflicts (43 CFR Subpart 3872)	Modified
191348	Millsite Patents / More than 10 Claims (43 CFR Subpart 3864)	Modified
191347	Placer Mining Claim Patent Application / More than 10 Claims (43 CFR Subpart 3863)	Modified
10480	Certificate of Title on Mining Claims, or Title Abstract (43 CFR 3862.1-3) Form and Instruction	Modified

ICR Details

OMB Control No: 1004-0025	ICR Reference No: 201208-1004-002
Status: Historical Active	Previous ICR Reference No: 200906-1004-001
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: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/22/2013
	Date Received in OIRA: 01/25/2013
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2016	36 Months From Approved	03/31/2013
Responses	10	0	7
Time Burden (Hours)	556	0	256
Cost Burden (Dollars)	173,600	0	86,605

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Abstract: On its face, the General Mining Law (30 U.S.C. 29, 30, and 39) authorizes a holder of an unpatented claim for hardrock minerals to apply for fee title (patent) to the federal land (as well as minerals) embraced in the claim. Since 1994, a rider on the annual appropriation bill for the Department of the Interior has prevented the BLM from processing mineral patent applications unless the applications were grandfathered under the initial legislation. While grandfathered applications are rare at present, the approval to collect the information continues to be necessary because of the possibility that the moratorium will be lifted.

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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

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 53905	09/04/2012
30-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 5485	01/25/2013
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 10

IC Title	Form No.	Form Name
Placer Mining Claim Patent Application / More than 10 Claims (43 CFR Subpart 3863)
Protests, Contests, and Conflicts (43 CFR Subpart 3872)
Placer Mining Claim Patent Applicatoin / 10 or Fewer Claims (43 CFR subpart 3863)
Lode Mining Claim Patent Application / 10 or Fewer Claims (43 CFR Subpart 3862)
Millsite Patents / 10 or Fewer Claims (43 CFR subpart 3864)
Certificate of Title on Mining Claims, or Title Abstract (43 CFR 3862.1-3)	3860-2	Certificate of Title on Mining Claims
Lode Mining Claim Patent Application / More than 10 Claims (43 CFR Subpart 3862)
Adverse Claims (43 CFR Subpart 3871)
Form 3860-5, Application for Survey of Mining Claim (43 CFR Subpart 3861)	3860-5	Application for Survey of Mining Claim
Millsite Patents / More than 10 Claims (43 CFR Subpart 3864)

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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	10	7	0	3	0	0
Annual Time Burden (Hours)	556	256	0	300	0	0
Annual Cost Burden (Dollars)	173,600	86,605	0	84,510	2,485	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The only adjustments are for changes in the fixed document-processing fees, which were updated for FY2013, as explained under Item Number 13. Program changes: We have added the three following information collection activities that were erroneously omitted from the previous request: • Lode Mining Claim Patent Application / 10 or Fewer Claims; • Placer Mining Claim Patent Application / 10 or Fewer Claims; and • Millsite Patent Application / 10 or Fewer Millsites. These activities needed to be added in order to disclose that the BLM charges lower processing fees for these types of applications than for those which contain more than 10 fewer claims or millsites. These program changes also result in the addition, for each type of application, of: • An estimated $200 in publishing cost; and • An estimated $26,500 case-by-case fee for a validity examination.

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Annual Cost to Federal Government: $22,633

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]? 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

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Common Form ICR:  No

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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: 01/25/2013

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