36 CFR Part 228, Subpart A-Locatable Minerals

OMB Control No: 0596-0022	ICR Reference No: 202509-0596-001
Status: Historical Inactive	Previous ICR Reference No: 201501-0596-001
Agency/Subagency: USDA/FS	Agency Tracking No:
Title: 36 CFR Part 228, Subpart A-Locatable Minerals
Type of Information Collection: Reinstatement with change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 03/06/2026
Retrieve Notice of Action (NOA)	Date Received in OIRA: 02/23/2026
Terms of Clearance: In accordance with 5 CFR 1320, OMB is filing comment and withholding approval at this time. The agency shall examine public comment in response to the proposed rulemaking and include in the supporting statement of the next ICR--to be submitted to OMB at the final rule stage--a description of how the agency has responded to any public comments on the ICR, including comments on maximizing the practical utility of the collection and minimizing the burden.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: This collection of information is necessary to ensure minimal environmental impacts associated with locatable mineral operations on National Forest System lands to the extent practicable. There is not a rquired format for the information collection, but all information identified in 36 CFR part 228 must be included. Form FS-2800-5, Plan of Operations for Mining Activities on National Forest system Lands, is available for use by mining operators to simplify this process.

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Authorizing Statute(s): US Code: 30 USC 21-54 Name of Law: United States General Mining Laws    US Code: 16 USC 478,551 Name of Law: Act of June 4, 1897

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0596-AD32	Proposed rulemaking	91 FR 8316	02/20/2026

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title Form No. Form Name Operating Notices, Plan of Operations, and Temporary Cessation of Operations FS-2800-5 PLAN OF OPERATIONS FOR MINING ACTIVITIES ON NATIONAL FOREST SYSTEM LANDS

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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 Agency no longer requires units to report the number of plans of operations, notices of intent, or cessation of operations that it receives and processes each year. Therefore, a comparison between recent years is not possible. However, in 2019, the agency requested detailed information from the field in support of the effort to revise the regulations attached to this information collection at 36 CFR 228 subpart A. The Agency used the 2019 data to derive an average annual number of plans of operations and notices of intent that we receive. The number of respondents is based on that average, which encompasses 15 years. The 15-year period includes a range of prices in the metal commodity markets, which typically drives the number of proponents for mining activity. Thus, the average annual number of respondents is a fair measure of the agency’s workload over time and can be used without further burdening staff with data requests. Burden costs have changed to reflect changes in the quality and detailed nature of the information collection. As part of the regulatory revision, the agency reached out to individual operators, moderate-sized mines, and large mines to inquire as to how long it takes each to fill out a plan of operations under the existing regulations. The agency has updated the burden data to reflect the findings of those inquiries. Similarly, the agency burden was underestimated based upon hours and specialists required to perform each action item in the cost to agency as analysis has become more in-depth and refined in the last decades.

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Annual Cost to Federal Government: $6,198,087

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

Agency Contact: Amy Jewell 573 408-0636 [email protected]

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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: 02/23/2026

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