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.
PL:
Pub.L. 113 - 235 404
Name of Law: Consolidated and Further Continuing Appropriations Act 2015
US Code:
30 USC 21-54
Name of Law: General Mining Law
PL:
Pub.L. 103 - 332 112
Name of Law: Department of the Interior and Related Agencies Appropriations Act
The BLM updates the fee schedule for oil, gas, coal, and solid mineral activities every year based on inflation. The mineral patent related fees are part of many fees that are reviewed and changed. The fee schedule is adjusted annually based on the change in the Implicit Price Deflator for Gross Domestic Product from the 4th quarter of one calendar year to the 4th quarter of the following calendar year. The BLM undertakes these annual fee adjustments in response to recommendations made in a report issued by the Department of the Interior's Office of Inspector General in 1988, which found that the BLM needed to do more to recover its document-processing costs.
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.