2007-1004-0019-SupportStatement

9

SUPPORTING STATEMENT FOR PAPERWORK REDUCTION ACT SUBMISSION

OMB CONTROL NUMBER 1004-0019

Terms of Clearance: None.

SECTION A

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

The Bureau of Land Management (BLM) implements the following authorities to collect the required information to authorize livestock grazing permits on 164 million acres of public lands in the west. The BLM authorizes designated grazing use by an allotment on an area of public lands. The Secretary of the Interior authorizes the BLM to enter into cooperative agreements and to issue permits to construct fences, wells, reservoirs, and other improvements necessary for the management and care of permitted livestock on grazing allotments. The authorities are as follows:

1. The Taylor Grazing Act of 1934 (43 U.S.C. 315-316o), as amended;

2. The Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701-1782);

3. The Public Rangelands Improvement Act of 1978 (43 U.S.C. 1901-1908); and

4. (43 CFR subpart 4120).

2. Explain how, by whom, how frequently, and for what purpose the information is used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection. [Be specific. If this collection is a form or a questionnaire, every question needs to be justified.]

The BLM needs the required information from the permittees to maintain records of improvements on the rangelands. We also use the information to:

1. Oversee and ensure accurate compensation for improvement interest if the permittee transfers the permit; and

2. Determine the amount we must compensate the permittee if the public lands associated with the range improvement becomes devoted to another purpose that precludes livestock grazing.

Grazing Management 43 CFR Subpart 4120

The respondents must comply with the applicable laws and regulations under this subpart. The BLM needs this form and non-form information to approve or reject the applications.

The respondents must file with the BLM Form 4120-6, Cooperative Range Improvement Agreement, to document cooperative range improvement construction arrangements with grazing operators and/or partners. The BLM needs this information to approve or reject the application.

The respondents must file with the BLM Form 4120-7, Range Improvement Permit, to develop projects that will facilitate improved management of rangelands. The BLM will issue these permits only to grazing permittees who must pay for all construction costs. The BLM needs this information to approve or reject the application.

We request the following specific information on these forms:

1. Request for authorization to construct range improvements;

2. Justify the compatibility with multiple-use objectives and land-use plans;

3. Develop appropriate conditions and specifications;

4. Name and address to determine if the applicant is a grazing permittee;

5. Whether applicant will construct a new improvement or obtain a permit to maintain an existing improvement;

6. Justify the project with the applicable land-use plans;

7. Identify the specific location;

8. Identify land ownership;

9. Provide a plan to delineate linear improvements;

10. Estimate of cost (in the event there is a change of land ownership); and

11. Appraisal of private assets (if needed).

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological techniques or other forms of information technology (e.g., permitting electronic submission of responses), and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden [and specifically how this collection meets GPEA requirements.].

In accordance with the Government Paperwork Elimination Act (GPEA), the public can fill out and download forms. They cannot submit the forms to BLM electronically at this time. However, the BLM will implement a user name password authentication process for E-Forms, pending implementation of HSPD-12. We enrolled and trained users in Oregon, Wyoming, Arizona, Montana, Nevada, and Utah in limited use of the Property and Sign program areas. We will continue training on the use of E-Forms in FY 2007. In FY 2008, we will identify super users as we expand the use of E-Forms into other program areas beyond the Property and Sign program. The Department will schedule full implementation of HSPD-12 in FY 2008. This implementation will provide an easier enrollment and use process for E-Forms with a Level 4 strong multifactor authentication token. In FY 2008, the BLM will fully implement E-Forms using the Smart Card across all program areas to provide organizational maturity of the use and understanding to both program and technical staff. After full implementation and training in use of the E-Forms across all program areas for internal uses, the BLM will prepare to respond and provide service to the public for E-Forms signed and delivered via the Internet. We project public use to be in place by FY 2009.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

No duplication of information occurs in the information we collect. The requested information is unique to the grazing permittee, rancher, or operator and is not available from any other data source. No similar information is available or able to be modified. The information is required to receive a benefit.

5. If the collection of information impacts small businesses or other small entities describe any methods used to minimize burden.

We do not collect information on whether the respondents are small businesses or small entities. We estimated 299 respondents that may qualify as a small business in ROCIS. The information we require from all respondents is limited to the minimum necessary to authorize and conduct grazing operations on the public lands.

6. Describe the consequence to the Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing the burden.

If we did not collect the information, we could not administer the required uses on the public lands. Ranchers who place improvements on public lands without a permit or an agreement are subject to unauthorized use violations. Also, we could not maintain land records or locate the physical facilities. Less frequent collection of the information would mean no collection of the information at all.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

• requiring respondents to report information to the agency more often than quarterly;

• requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

• requiring respondents to submit more than an original and two copies of any document;

• requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;

• in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;

• requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

• that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

• requiring respondents to submit proprietary trade secrets, other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information’s confidentiality to the extent permitted by law.

There are no special circumstances that require the collection to be conducted in a manner inconsistent with the guidelines in 5 CFR 1320.5.

8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency’s notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice [and in response to the PRA statement associated with the collection over the past three years] and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported. [Please list the names, titles, addresses, and phone numbers of persons contacted.]

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years—even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

As required in 5 CFR 1320.8(d), the BLM published the 60-day notice in the Federal Register on June 21, 2006 (71 FR 35697) soliciting comments from the public and other interested parties. The comment period closed on August 21, 2006. The BLM did not receive any comments from the public in response to this notice.

During the approval period, we consulted with the following respondents to solicit comments on the burden hour and cost estimates, availability of data, frequency of collection, and clarity of instructions. Based on these consultations, the burden estimates in Question 12 reflect their input.

Name	Affiliation	Phone Number
Michael DeRosier		623 932 1742
Wright Dickinson		970 365 3677
Gary Bengochea	Nevada First Corporation	775 623 2586
Mark Doverspike	Hotchkiss Company, Inc.	541 573 7577
Tim Canterbury		719 942 3319
Mike Lopez		970 878 4769
Joe Key		775 777 1252
Dale Harris		435 438 2927

We sought comments on the forms included in this information collection. All the respondents surveyed responded that these forms are straightforward and clear as to instructions and reasonable as to information requirements.

The hour burden for each form was estimated as indicated in Item 12 for reviewing instructions, gathering and maintaining data, time for travel involved to complete these tasks, coordination and consultation with the BLM and other parties to prepare information, and completing and reviewing these forms.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors and grantees.

We do not provide payments or gifts to the respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

We protect the respondent’s confidentiality to the extent consistent with the Freedom of Information Act (5 U.S.C. 552).

Under the privacy provisions of the E-Government Act of 2002, individuals/respondents were informed as to whether or not providing the information is mandatory to obtain a benefit. The BLM provides no promises that the application will be protected under the Privacy Act.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, or other matters that are commonly considered private. The justification should include the reasons why the agency considers the question necessary, the specific uses to be made of the information, the explanation to be given to persons from when the information is requested, and any steps to be taken to obtain their consent.

We do not require respondents to answer questions of a sensitive nature.

12. Provide estimates of the hour burden of the collection of information. The statement should: Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.

Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 14.

The tables summarize the estimated burden hour and cost for the form and non-form information.

Form Number	4120-6	4120-7
Average number of responses	693	19
Frequency of response	once	Once
Average response time per respondent	6 hours	10 hours
Total annual response time for collection	4,158 hours	190 hours
Estimated cost per respondent	$239	$126
Total annual cost for collection	$165,627	$2,394

Burden Hours Information Collected	Number of Actions per Year	Burden Hours per Action	Total Annual Burden Hours	Total Annual Burden Cost
(a) Cooperative Range Improvement Agreement (Form 4120-6) and related non-form information in 43 CFR subpart 4120	693	6	4,158	$165,627
(b) Range Improvement Permit (Form 4120-7) and related non-form information in 43 CFR subpart 4120	19	10	190	$ 2,394
TOTALS	712		4,348	$168,021

13. Provide an estimate of the total annual cost burden to the respondents or record keepers resulting from the information collection. Do not include the cost of the burden hours described in Items 12 and 14.

The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information [including filing fees paid]. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995; (2) to achieve regulatory compliance with requirements not associated with the information collection; (3) for reasons other than to provide information or keep records for the Government; or (4) as part of customary and usual business or private practices.

Respondents are not required to purchase any additional computer hardware or software to comply with these information requirements. There is no filing fee associated with this information collection. There are no capital and start-up costs involved with this information collection.

14. Provide estimates of annualized cost the Federal Government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.

Annualized Cost to the Federal Government
(a) Annual number of responses	712
(b) Average number of hours to evaluate a response	10 hours
(c) Hourly cost to evaluate a response	$240
(d) Cost for printing and distribution	$1,028
(e) Annualized cost to Federal Government (712 x $240 x 10 + $1,028)	$1,709,828

15. Explain the reasons for any program changes or adjustments.

Burden	Previous Collection	This Collection	Change
Responses	660	712	+52
Burden Hours	550	4,348	+3,798

These adjustments are based on a more detailed estimation of the information collection in accordance with our outreach.

16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

The BLM will not publish the results of this information collection.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

The BLM will display the expiration date of the OMB approval on the forms included in this information collection.

18. Explain each exception to the certification statement identified in “Certification for Paperwork Reduction Act Submissions.”

There are no exceptions to the certification statement.