Recordation of Location Notices and Mining Claims; Payment of Fees (43 CFR 3832-3838)

Forms and Documents

Document Name	Status
Form 3830-3 Notice of Intent to Locate on SRHA Lands (43 CFR 3838) Form	Modified
Form 3830-4 Annual FLPMA Documents (43 CFR Part 3835, Subpart C) Form and Instruction	Modified
Form 3830-2 Waiver from Annual Maintenance Fees (43 CFR 3835, Subpart A) Form and Instruction	Modified
Justification Statement for OMB 1004_0114 non-substantive changes.docx Justification for No Material/Nonsubstantive Change	2017-02-16
30-day notice 2016.pdf Supplementary Document	2016-10-19
CFR-2015-title43-vol2-part3834.pdf Supplementary Document	2016-07-15
USCODE-2014-title43-chap7-subchapX-sec299&301.pdf Supplementary Document	2016-07-15
USCODE-2014-title30-sec621-625.pdf Supplementary Document	2016-07-15
USCODE-2014-title30-sec21-54.pdf Supplementary Document	2016-07-15
USCODE-2014-title43-chap35-subchapIII-sec1744.pdf Supplementary Document	2016-07-15
CFR-2015-title43-vol2-part3838.pdf Supplementary Document	2016-07-15
CFR-2015-title43-vol2-part3837.pdf Supplementary Document	2016-07-15
CFR-2015-title43-vol2-part3836.pdf Supplementary Document	2016-07-15
CFR-2015-title43-vol2-part3835.pdf Supplementary Document	2016-07-15
CFR-2015-title43-vol2-part3833.pdf Supplementary Document	2016-07-15
CFR-2015-title43-vol2-part3832.pdf Supplementary Document	2016-07-15
60-day notice 2016.pdf Supplementary Document	2016-07-13

IC Document Collections

IC ID	Document Title	Status
46103	Locating Mining Claims or Sites (43 CFR 3832)	Unchanged
46083	Deferring Assessment Work (43 CFR 3836, Subpart B)	Unchanged
46082	Recording a New Location Notice (43 CFR 3833, Subpart A)	Unchanged
45124	Notice of Intent to Locate on SRHA Lands (43 CFR 3838) Form	Modified
192037	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)	Unchanged
192035	Amending a Location Notice (43 CFR 3833, Subpart B)	Unchanged
192034	Annual FLPMA Documents (43 CFR Part 3835, Subpart C) Form and Instruction	Modified
10520	Waiver from Annual Maintenance Fees (43 CFR 3835, Subpart A) Form and Instruction	Modified

ICR Details

OMB Control No: 1004-0114	ICR Reference No: 201702-1004-001
Status: Historical Active	Previous ICR Reference No: 201604-1004-005
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: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/21/2017
	Date Received in OIRA: 02/16/2017
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2020	01/31/2020	01/31/2020
Responses	136,338	0	136,338
Time Burden (Hours)	64,359	0	64,359
Cost Burden (Dollars)	1,699,860	0	1,699,860

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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.

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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

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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:
	81 FR 17730	03/30/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 72090	10/19/2016
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 8

IC Title	Form No.	Form Name
Notice of Intent to Locate on SRHA Lands (43 CFR 3838)	3830-3	Notice of Intent to Locate a Lode or Placer Miing 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
Waiver from Annual Maintenance Fees (43 CFR 3835, Subpart A)	3830-2	Maintenance Fee Waiver Certificaiton
Locating Mining Claims or Sites (43 CFR 3832)
Recording a New Location Notice (43 CFR 3833, Subpart A)
Deferring Assessment Work (43 CFR 3836, Subpart B)
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)
Annual FLPMA Documents (43 CFR Part 3835, Subpart C)	3830-4	Affidavit of Annual Assessment Work
Amending a Location Notice (43 CFR 3833, Subpart B)

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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	136,338	136,338	0	0	0	0
Annual Time Burden (Hours)	64,359	64,359	0	0	0	0
Annual Cost Burden (Dollars)	1,699,860	1,699,860	0	0	0	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 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.

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Annual Cost to Federal Government: $3,141,224

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: 02/16/2017

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