NPS Mining Oversight: March 30 Deadline for Engineers to Weigh In on Critical Permitting Rules

By Caleb Sterling-Webb

For engineering teams managing extraction operations on federal lands, the regulatory landscape is often defined by the tension between resource development and conservation. This is nowhere more acute than within the National Park System, where "split estate" rights—private mineral ownership beneath federal surface land—create complex permitting hurdles.

On February 26, 2026, the National Park Service (NPS) published a critical notice in the Federal Register regarding the information collection requirements for these operations. While this is a renewal of existing protocols under the Paperwork Reduction Act, it opens a vital window for industry feedback.

Engineers and project managers have until March 30, 2026, to submit comments. If your firm operates in units like Wrangell-St. Elias, Death Valley, or Mojave National Preserve, this is your opportunity to formally address the administrative burden of the "Plan of Operations" and other compliance documents that dictate your workflow.

The News: Renewing Control Number 1024-0064

According to the Federal Register notice (FR Doc. 2026-03842), the NPS is proposing to renew OMB Control Number 1024-0064 without changes. This control number governs the data collection mandated by 36 CFR Part 9, specifically:

• Subpart A: Mining and Mining Claims.
• Subpart B: Non-Federal Oil and Gas Rights.

The NPS estimates a total annual burden of 3,473 hours across approximately 799 responses per year. The estimated completion time per response varies wildly—from 1 hour to 140 hours—depending on the complexity of the activity.

While the NPS states they are renewing the collection "without changes," the comment period is the statutory mechanism for industry to challenge these burden estimates. If your engineering team spends 300 hours preparing a Plan of Operations that the NPS estimates takes only 140, this is the moment to correct the record.

The "So What": The Engineering Burden of 36 CFR Part 9

The core of this information collection is the Plan of Operations. For engineers, this is not merely a form; it is a comprehensive technical document that serves as the blueprint for the entire project lifecycle. Under 36 CFR Part 9, no mining or oil and gas activity can proceed in a System unit without an approved plan.

1. The Scope of Data Collection

The "information collection" refers to the rigorous technical data engineers must compile to secure permits. This includes:

• Access Logistics: Detailed engineering plans for roads, airstrips, or other means of access across park lands.
• Environmental Mitigation: Strategies to minimize adverse impacts on park resources, including hydrology, visuals, and acoustics.
• Reclamation Bonds: Financial assurance calculations ensuring the site can be restored to its natural state post-extraction.

2. The "Split Estate" Challenge

Many engineers working in the western United States encounter "split estate" scenarios where the federal government owns the surface, but a private entity holds the mineral rights. The Mining in the Parks Act and the regulations in Subpart B ensure that while these rights are respected, they are exercised in a way that does not degrade the park's values.

The data you submit must prove that your operation utilizes "technologically feasible, least damaging methods." This standard places a heavy burden on the engineering team to justify equipment selection, route planning, and waste disposal methods against strict conservation criteria.

3. The Cost of Compliance

The NPS estimates the non-hour burden cost at $102,300 annually. However, this figure often underrepresents the true cost of third-party consultants, environmental impact assessments, and legal reviews required to produce a compliant Plan of Operations.

The "Now What": Your Action Plan

With the comment deadline approaching rapidly, engineering leads should take the following steps:

1. Review the Burden Estimates: Compare the NPS estimate (1–140 hours per response) with your internal timesheets for recent 36 CFR Part 9 submissions. If there is a discrepancy, document it.
2. Submit Comments by March 30: The NPS is specifically requesting feedback on:
   • Whether the information is necessary for the agency's function.
   • The accuracy of the burden estimate.
   • Ways to enhance the quality and clarity of the information collected.
   • Methods to minimize the burden, including electronic submission options.
3. Audit Active Claims: Use this regulatory reminder to audit your existing operations in National Park units. Ensure that your current Plan of Operations reflects actual site conditions. Any deviation from the approved plan—such as a new access road or changed equipment—requires a revised submission, triggering the very information collection requirements discussed in this notice.

Bridging the Gap: Professional Development

Navigating federal land use regulations requires specialized knowledge that goes beyond standard civil or mining engineering curricula. The intersection of the General Mining Law of 1872, the Mining in the Parks Act, and modern environmental standards creates a unique compliance matrix.

To strengthen your team's capability in this niche, I recommend prioritizing professional development in Federal Land Permitting. Look for courses covering:

• NEPA Compliance for Mineral Operations: Understanding how your Plan of Operations feeds into the National Environmental Policy Act review.
• 36 CFR Part 9 Compliance Strategies: Specific training on the NPS regulations for mineral extraction.
• Reclamation Engineering: Advanced techniques for restoring sensitive environments in high-visibility federal lands.

By staying ahead of these regulatory renewals, engineering firms can ensure that their access to critical mineral resources remains secure, compliant, and efficient.