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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1004-0219
ICR Reference No:
202310-1004-001
Status:
Active
Previous ICR Reference No:
202202-1004-001
Agency/Subagency:
DOI/BLM
Agency Tracking No:
NFRM AE60
Title:
Communications Uses Program, Cost Recovery Fee Schedules, and Section 512 of FLPMA for Rights-of-Way - 43 CFR 2800, 2860, 2880, and 2920
Type of Information Collection:
New collection (Request for a new OMB Control Number)
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved with change
Conclusion Date:
07/24/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
04/12/2024
Terms of Clearance:
In accordance with 5 CFR 1320, the information collection is approved for three years. However, upon renewal of this ICR, in accordance with 5 CFR 1320, DOI is required to include the following information in its submission for review and approval: (1) a description of the regulatory text applicable to the ICR including submission specifications; (2) a clear description of the data elements being collected under the ICR; (3) copies of the data collection instrument(s) and/or screen shots of the electronic portal where the reporting requirements are submitted to DOI (with the control number and burden statement included) [emphasis added on this element of the submission]; (4) a detailed discussion of how information is submitted and the extent to which electronic reporting is available; (5) evidence of consultation with respondents (by actively reaching out to stakeholders as permitted by the PRA) to ensure the supporting statement's accuracy on availability of data, frequency of collection, clarity of instructions, accuracy of burden estimate, relevance of data elements, and similar PRA matters; (6) discussion of how DOI addressed substantive concerns raised by respondents and other stakeholders during consultation and in response to comments received on FR notices; and (7) Clearly articulate the efficacy of non-form collections and how the public will comply.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
07/31/2027
36 Months From Approved
Responses
5,554
0
0
Time Burden (Hours)
187,816
0
0
Cost Burden (Dollars)
15,790,000
0
0
Abstract:
The Bureau of Land Management (BLM) is proposing to amend its existing right-of-way (ROW) regulations to streamline the communications uses program, update its cost recovery fee schedules for ROW Federal work activities, and include provisions governing the development and approval of operating plans and agreements for ROWs for electric transmission and distribution facilities (powerlines). Communications uses and powerlines are a subset of ROW activities authorized under the Federal Land Policy and Management Act of 1976, as amended (FLPMA). Cost recovery fees apply to most ROW activities authorized under either FLPMA or the Mineral Leasing Act of 1920, as amended (MLA). This collection of information pertains to the issuance of grants for communications use as well as cost recovery fees and operating plans for the ROW program. Communications use on public lands requires processing applications and rent payments.
Authorizing Statute(s):
US Code:
43 USC 1701, 1734, 1761 through 1772
Name of Law: Federal Land Policy and Management Act of 1976, as amended
US Code:
30 USC 185
Name of Law: Mineral Leasing Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
1004-AE60
Final or interim final rulemaking
89 FR 25922
04/12/2024
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
58
IC Title
Form No.
Form Name
Agreements in Lieu of Operating Plans (43 CFR 2805.21(e)) - Governments
Agreements in Lieu of Operating Plans (43 CFR 2805.21(e)) - Private Sector
Amendments (43 CFR 2807.20 and 43 CFR 2887.10) - Governments
Amendments (43 CFR 2807.20 and 43 CFR 2887.10) - Individuals
Amendments (43 CFR 2807.20 and 43 CFR 2887.10) - Private Sector
Analysis of Factors – Cost Recovery Fee Determination (43 CFR 2804.21) - Individuals
Analysis of Factors – Cost Recovery Fee Determination (43 CFR 2804.21) - Private Sector
Annual Statement (43 CFR 2866.31(c)) - Governments
Annual Statement (43 CFR 2866.31(c)) - Individuals
Annual Statement (43 CFR 2866.31(c)) - Private Sector
Appeals/Petitions for a Stay (43 CFR 2801.10 and 43 CFR 2881.10) - Governments
Appeals/Petitions for a Stay (43 CFR 2801.10 and 43 CFR 2881.10) - Individuals
Appeals/Petitions for a Stay (43 CFR 2801.10 and 43 CFR 2881.10) - Private Sector
Designation of Agent or Third Party (43 CFR 2803.11) - Governments
Designation of Agent or Third Party (43 CFR 2803.11) - Individuals
Designation of Agent or Third Party (43 CFR 2803.11) - Private Sector
Environmental Impact Statement (43 CFR 2804.14(e) and 43 CFR 2884.12(e)) - Private Sector
Environmental Impact Statement (43 CFR 2804.14(e) and 43 CFR 2884.12(e)) -Governments
Modification of Operating Plans (43 CFR 2805.21(d)) - Governments
Modification of Operating Plans (43 CFR 2805.21(d)) - Individuals
Modification of Operating Plans (43 CFR 2805.21(d)) - Private Sector
Notifications – Emergency Conditions (43 CFR 2805.22(a)) - Governments
Notifications – Emergency Conditions (43 CFR 2805.22(a)) - Individuals
Notifications – Emergency Conditions (43 CFR 2805.22(a)) - Private Sector
Operating Plans (43 CFR 2804.25(c)(2) and 43 CFR 2805.21(b)) - Governments
Operating Plans (43 CFR 2804.25(c)(2) and 43 CFR 2805.21(b)) - Individuals
Operating Plans (43 CFR 2804.25(c)(2) and 43 CFR 2805.21(b)) - Private Sector
Phasing Rent - Hardship (43 CFR 2806.22 & 43 CFR 2866.31) - Individuals
Phasing Rent - Hardship (43 CFR 2806.22 & 43 CFR 2866.31) - Private Sector
Renewals (43 CFR 2807.22 and 43 CFR 2887.12) - Governments
Renewals (43 CFR 2807.22 and 43 CFR 2887.12) - Individuals
Renewals (43 CFR 2807.22 and 43 CFR 2887.12) - Private Sector
Request for Alternative Requirement (43 CFR 2804.40) - Governments
Request for Alternative Requirement (43 CFR 2804.40) - Individuals
Request for Alternative Requirement (43 CFR 2804.40) - Private Sector
Request for Approval – Non-Emergency Conditions (43 CFR 2805.22(b)) - Governments
Request for Approval – Non-Emergency Conditions (43 CFR 2805.22(b)) - Individuals
Request for Approval – Non-Emergency Conditions (43 CFR 2805.22(b)) - Private Sector
Request for Collocation within Ancillary Facilities (43 CFR 2866.41) - Private Sector
Request for Exemption (43 CFR 2806.14 and 43 CFR 2866.14) - Private Sector
Request for Extension (43 CFR 2805.12(c)(5)) - Governments
Request for Extension (43 CFR 2805.12(c)(5)) - Individuals
Request for Extension (43 CFR 2805.12(c)(5)) - Private Sector
Request for Preliminary Application Review (43 CFR 2864.10) - Governments
Request for Preliminary Application Review (43 CFR 2864.10) - Individuals
Request for Preliminary Application Review (43 CFR 2864.10) - Private Sector
Request for Waiver or Reduction in Annual Rent (43 CFR 2806.15, 43 CFR 2866.15 and 43 CFR 2866.30) - Individuals
Request for Waiver or Reduction in Annual Rent (43 CFR 2806.15, 43 CFR 2866.15, and 43 CFR 2866.30) - Private Sector
Request for a Master Agreement (43 CFR 2804.17 & 43 CFR 2884.15) - Individuals
Request for a Master Agreement (43 CFR 2804.17 & 43 CFR 2884.15) - Private Sector
Request to Authorize Facilities Under a Single Communications Use Authorization (43 CFR 2866.38) - Governments
Request to Authorize Facilities Under a Single Communications Use Authorization (43 CFR 2866.38) - Private Sector
Rights the United States Retains – Financial Documents (43 CFR 2805.15) - Private Sector
Withdrawing Applications/Relinquishing Grants (43 CFR 2804.27 and 43 CFR 2884.24) - Governments
Withdrawing Applications/Relinquishing Grants (43 CFR 2804.27 and 43 CFR 2884.24) - Individuals
Withdrawing Applications/Relinquishing Grants (43 CFR 2804.27 and 43 CFR 2884.24) - Private Sector
Written Agreements – Category 6 Projects (43 CFR 2804.19 and 43 CFR 2884.17) - Governments
SF-299
Application for Transportation, Utility Systems, Telecommunications and Facilities on Federal Lands and Property
Written Agreements – Category 6 Projects (43 CFR 2804.19 and 43 CFR 2884.17) - Individuals
SF-299
Application for Transportation, Utility Systems, Telecommunications and Facilities on Federal Lands and Property
Written Agreements – Category 6 Projects (43 CFR 2804.19 and 43 CFR 2884.17) - Private Sector
SF-299
Application for Transportation, Utility Systems, Telecommunications and Facilities on Federal Lands and Property
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
5,554
0
0
5,554
0
0
Annual Time Burden (Hours)
187,816
0
0
187,816
0
0
Annual Cost Burden (Dollars)
15,790,000
0
0
15,790,000
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Changing Regulations
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
This is a request for a new control number. Therefore, all the burden is considered “new” and is attributed to a program change due to agency discretion. The new burden would result from the information collection requirements contained in the final rule.
Annual Cost to Federal Government:
$15,374,676
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:
Darrin King 202-693-4129 King.Darrin@dol.gov
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:
04/12/2024
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