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.
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
The estimated numbers of responses for all of the information collection activities have been adjusted. The total numbers of responses have increased from 121,019 to 136.338, a difference of 15,319. 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 changes vary. For example:
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 uranium.
Transfer of Interest: Placer fees in accordance with 43 CFR Part 8344 have increased, and there seems to be interest in avoiding those fees via transfers of interest. There also seems to be an increased interest in locating and then selling it right away at a higher price.
Waiver from Annual Maintenance Fee: Placer fees in accordance with 43 CFR Part 8344 have increased, and it seems that more claimants chose to file a waiver instead of paying those fees if they met the requirements for a waiver (i.e., had 10 or fewer claims).
Annual FLPMA Documents: Just as the waivers 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 transferred claims due to the change in the way placer fees were 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 $1,699,860, an difference of $22,190. 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. The most recent adjustments are at 80 FR 58625 (Sept. 30, 2015). Changes in the numbers of responses also have affected non-hour burdens.
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:
(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;
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.
Form 3830-3 Notice of Intent to Locate on SRHA Lands (43 CFR 3838)
Justification Statement for OMB 1004_0114 non-substantive changes.docx
30-day notice 2016.pdf
Locating Mining Claims or Sites (43 CFR 3832)