30 CFR Part 761 - Areas Designated by Act of Congress

Forms and Documents

Document Name	Status
761.30.2018.pdf Supplementary Document	2018-05-22
761SS.MK.2018.edits.docx Supporting Statement A	2018-04-05
761.60.2018.pdf Supplementary Document	2018-02-09
Part 761.doc Supplementary Document	2008-09-16
Section 522.doc Supplementary Document	2008-09-16

IC Document Collections

IC ID	Document Title	Status
229971	761.15 - Procedures for waiving the prohibition on surface coal mining operations within the buffer zone of an occupied dwelling. (SRAs)	New
229970	761.15 - Procedures for waiving the prohibition on surface coal mining operations within the buffer zone of an occupied dwelling. (Industry)	New
229968	761.14 - Procedures for relocating or closing a public road or waiving the prohibition on surface coal mining operations within the buffer zone of a public road. (Industry)	New
186470	761.17 - Regulatory authority obligations at time of permit application review. (SRAs)	Unchanged
186468	761.16 - Submission and processing of requests for valid existing rights determinations. (SRAs)	Modified
186467	761.16 - Submission and processing of requests for valid existing rights determinations. (Industry)	Modified
186466	761.14 - Procedures for relocating or closing a public road or waiving the prohibition on surface coal mining operations within the buffer zone of a public road. (SRAs)	Modified
11393	761.13 - Procedures for compatibility findings for surface coal mining operations on Federal lands in national forests. (Industry)	Modified

ICR Details

OMB Control No: 1029-0111	ICR Reference No: 201802-1029-002
Status: Active	Previous ICR Reference No: 201503-1029-003
Agency/Subagency: DOI/OSMRE	Agency Tracking No: 761 - ext.
Title: 30 CFR Part 761 - Areas Designated by Act of Congress
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 07/23/2018
	Date Received in OIRA: 05/22/2018
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2021	36 Months From Approved	07/31/2018
Responses	315	0	57
Time Burden (Hours)	3,119	0	267
Cost Burden (Dollars)	19,260	0	1,020

---

Abstract: OSMRE and State regulatory authorities use the information collected under 30 CFR Part 761 to ensure that persons planning to conduct surface coal mining operations on the lands protected by Section 522(e) of the Surface Mining Control and Reclamation Act of 1977 have the right to do so under one of the exemptions or waivers provided by this section of the Act.

---

Authorizing Statute(s): US Code: 30 USC 1201 et. seq. Name of Law: The Surface Mining Control and Reclamation Act of 1977
  

Citations for New Statutory Requirements: None

---

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

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 5644	02/08/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 23722	05/22/2018
Did the Agency receive public comments on this ICR? No

---

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

IC Title	Form No.	Form Name
761.15 - Procedures for waiving the prohibition on surface coal mining operations within the buffer zone of an occupied dwelling. (SRAs)
761.16 - Submission and processing of requests for valid existing rights determinations. (Industry)
761.16 - Submission and processing of requests for valid existing rights determinations. (SRAs)
761.13 - Procedures for compatibility findings for surface coal mining operations on Federal lands in national forests. (Industry)
761.15 - Procedures for waiving the prohibition on surface coal mining operations within the buffer zone of an occupied dwelling. (Industry)
761.17 - Regulatory authority obligations at time of permit application review. (SRAs)
761.14 - Procedures for relocating or closing a public road or waiving the prohibition on surface coal mining operations within the buffer zone of a public road. (SRAs)
761.14 - Procedures for relocating or closing a public road or waiving the prohibition on surface coal mining operations within the buffer zone of a public road. (Industry)

---

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	315	57	0	226	32	0
Annual Time Burden (Hours)	3,119	267	0	2,430	422	0
Annual Cost Burden (Dollars)	19,260	1,020	0	18,240	0	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: OMB previously approved 267 burden hours for 30 CFR Part 761. We are now requesting 3,119 hours, an increase of 2,852 hours. These hours reflect an overall increase in burden hours based primarily on an inadvertent omission by not including respondent burdens in sections 761.14(c) and 761.15 in the previous update, in addition to an overall increase in the number of permits and revisions. These corrections also resulted in an increase in non-wage burden costs of $18,240.

---

Annual Cost to Federal Government: $20,390

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? Uncollected

---

Common Form ICR:  No

---

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: 05/22/2018

---