1006-0003 Supporting Statement

Supporting Statement for Paperwork Reduction Act Submissions
43 CFR 429 FORM 7-2540
USE AUTHORIZATION APPLICATION
CURRENT OMB APPROVAL NO. 1006-0003
March 31, 2009
Terms of Clearance: None

General Instructions
A Supporting Statement, including the text of the notice to the public required by
5 CFR 1320.5(a)(i)(iv) and its actual or estimated date of publication in the Federal Register,
must accompany each request for approval of a collection of information. The Supporting
Statement must be prepared in the format described below, and must contain the information
specified in Section a below. If an item is not applicable, provide a brief explanation. When
item 17 of the OMB Form 83-I is checked “Yes,” Section B of the Supporting Statement must be
completed. OMB reserves the right to require the submission of additional information with
respect to any request for approval.
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 statue and regulation mandating or authorizing the
collection of information.
The Bureau of Reclamation (Reclamation) is responsible for over 6.5 million acres of land in
the 17 Western States. This land has been withdrawn or acquired for specific authorized water
and related project purposes and may be used for incidental purposes, such as recreational and
sporting activities, farming and livestock grazing, and resource exploration and extraction.
Those wishing to obtain a use authorization (such as a lease, license, or permit) on Reclamation
land, facilities, and waterbodies for such incidental purposes are required to submit a use
authorization application (application). Reclamation reviews the application and determines
whether granting the use authorization is compatible with established project purposes.
Although Reclamation does not have specific authority requiring the collection of this
information, this agency does have authority to permit these types of incidental uses under
43 USC § 373 (section 10 of the 1902 Act) and 43 USC § 387 (section 10 of the 1939 Act), and
the requirement to collect the costs of providing such permits under 31 USC § 9701
(Independent Offices Appropriation Act) and OMB Circular A-25. In addition, 43 CFR part 429
(Use of Bureau of Reclamation Land, Facilities, and Waterbodies) implements the requirements
of 31 USC § 9701 and OMB Circular A-25.

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With the authority to enter into agreements with applicants to utilize Reclamation’s land,
facilities, and waterbodies, Reclamation must have a consistent methodology to collect and
evaluate use requests. Therefore, the primary reasons for the collection of this information are:
a. To ensure that the use authorizations applied for are consistent with Reclamation policy,
mission, guidelines, and project purposes;
b. To ensure that Reclamation recovers its administrative costs and required fees for the
authorized use of its land, facilities, and waterbodies; and
c. To maintain consistency and accuracy in Reclamation’s land and financial accounting
systems.
2. Indicate how, by whom, and for what purpose information is to be 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.]
Reclamation uses the information to evaluate requests to use Reclamation land, facilities, and
waterbodies. If the requested use does not conflict with project purposes or other security
concerns, Reclamation may issue a use authorization approving the requested use.
Item 1 requests “information about the applicant requesting the use” such as name, company
name, address, telephone numbers, and email address. This information is necessary so that
Reclamation can correspond with the applicant about the application.
Item 2 requests the “location of the proposed use.” This is obviously necessary for
Reclamation to evaluate the application to use Reclamation land.
Item 3 requests the “purpose of the proposed use.” This information is necessary for
Reclamation to determine if the application is compatible with project purposes for the land and
if the use is allowable under 43 CFR part 429, Use of Bureau of Reclamation Land,
Facilities, and Waterbodies.
Item 4 requests a “description of the proposed use.” This information is necessary for
Reclamation to determine what conditions may be needed in the authorization document to
protect project interests, the environment, and other public values.
Item 5 asks for “dates of the requested use. Reclamation uses this information to evaluate if
the activity may conflict with project purposes and to determine if seasonal or other conditions
are needed in the authorization document to protect public and project interests. Also the dates
are necessary to determine compensation to the government under 43 CFR 429 and to set the
dates of the authorization document.
Item 6 asks “is this request for a new use authorization or a renewal of an existing use
authorization.” This information is necessary because the review and authorization processes
differ for renewal and existing use authorizations.
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Item 7 requests “name of insurance carrier.” This information is necessary to protect project
values and public interests when the activity requested has the potential to cause adverse impacts
to the land. In such cases, when there are potentially adverse impacts resulting from the
proposed use, Reclamation may require the user to insure against damage.
Item 8 asks:
Have you, or your organization, forfeited any portion of any previous permit, bond, or
surety submitted for use of Federal lands, or is any investigation or legal action pending
against you or your organization for use of Federal lands?
This information is necessary in order for Reclamation to protect public values and project
uses of Reclamation land. This question helps Reclamation determine if the applicant is likely to
commit abuse of public lands.
3. Describe whether, and to what extent, the collection of information involves the use
of automated, electronic, mechanical, or other technological collection 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].
Reclamation has made the application available on Reclamation’s website for manual
completion and paper copy submission since fiscal year 2003. Immediately upon OMB’s
approval for the renewal for this information collection, Reclamation will place on its website a
version of the application that is capable of completion online. Manual completion will remain
an option. Hard copies of the application will also continue to be available by contacting the
local Reclamation office.
Manual submission of the hard-copy application will continue to be required regardless of
whether the application is completed manually or electronically. This is because of the need for
non-electronic information which must accompany the application. Examples of required
non-electronic accompaniments are the original signature(s) on the application, attachments and
exhibits (such as surveys), and the remittance of an application fee. Typically this manual
submission will require the applicant to mail or personally deliver the application to their local
Reclamation office. For the reasons stated, it has been determined that it is not practicable to
allow electronic submission of the application.
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.
This information is collected for each specific proposed use authorization requested. No
similar information exists that could be used or modified for this purpose.

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5. If the collection of information impacts small businesses or other small entities,
describe any methods used to minimize burden.
This collection does not present a significant burden on small businesses. The information is
collected only when the applicant requests the use of Reclamation project land, facilities, and
waterbodies.
6. Describe the consequence to 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 burden.
The application will need to be submitted only when a specific use is requested.
Reclamation must protect its land, facilities, and waterbodies, and part of that protection effort is
to be aware of what uses are occurring on Reclamation land, facilities, and waterbodies. If an
application is not submitted and a subsequent use authorization is not issued, then an
unauthorized use of Reclamation land, facilities, and waterbodies may occur. Such unauthorized
use could potentially jeopardize project operations and would be considered a trespass on
Federal lands.
7. Explain any special circumstances that would cause an information collection to be
conducted in a manner:
a. Requiring respondents to report information to the agency more often than
quarterly.
Information is collected only when the use of Federal land, facilities, and waterbodies is
first requested by the respondent (applicant).
b. Requiring respondents to prepare a written response to a collection of
information in fewer than 30 days after receipt of it.
The applicant can submit an application at any time. There is no time requirement
imposed by Reclamation.
c. Requiring respondents to submit more than an original and two copies of any
document.
There is no requirement to submit the application in quantities that exceed the original
and two copies. Certain requests may require the submission of supporting material. For
example, if the application is for a significant structure, Reclamation may require that all plans
and specifications be signed and sealed by a licensed professional engineer.
d. Requiring respondents to retain records, other than health, medical, government
contract, grant-in-aid, or tax records, for more than 3 years.
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Reclamation does not require use authorization applicants to keep records for more than
3 years.
e. 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.
The forms in this information collection will not be used for statistical surveys.
f. Requiring the use of a statistical data classification that has not been reviewed
and approved by OMB.
Statistical data classification will not be used.
g. 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 with the pledge, or which unnecessarily impedes sharing of data
with other agencies for compatible confidential use.
A pledge of confidentiality is not used.
h. Requiring respondents to submit proprietary trade secrets, or 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.
Information contained in the application is protected by the Privacy Act of 1974 systems
of records INTERIOR/WBR-17 and INTERIOR/WBR-32.
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 the
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.
Notice was given in the Federal Register on September 30, 2008 (73 FR 56865) to solicit
public comments on the application form. No comments were received.
a. 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.]
Reclamation consulted with three outside parties who used the application to request a
use authorization on Reclamation land. We expect variance in the amount of time required to
complete the application due to the type of use being requested and the type and amount of
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attachments required to accompany the use authorization application. Based on the outside
parties’ responses, the application’s burden hour estimate of 2 hours per application is a more
than adequate assessment of the time required to complete the application and compile any
supporting documents that must accompany the application.
Respondent’s name, title, address, and
phone number
Diane DeLauer
Event Coordinator, Best in the Desert
3475 Boulder Highway
Las Vegas, NV 89121
(702) 457-5775
Alan Morganfield
Team Lead - Siting and Land Rights
Public Service Company of Colorado (Xcel
Energy)
550 15th St., Suite 700
Denver, CO 80202-4256
303-571-7454
Teresa Howell
Triathlon Event Coordinator
City of Boise Police Dept.
7210 Barrister, Boise, Idaho, 83704
208-870-8713

Time to
complete
application
15 minutes.

Clarity of
Instructions

Applicatio
n format

Fine, clear
instructions.

Fine.

Approximately
45 minutes.

Mostly clearunderstandable.

Okay.

Approximately
20 minutes.

Very simple, and Very
not nearly as
simple.
complicated as
the Idaho Dept. of
Transportation's
form.

b. 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.
Reclamation did not encounter circumstances that precluded consultation with
representatives of those from whom information is to be obtained. See response to 8.a.
immediately above.
9. Explain any decision to provide any payment or gift to respondents, other than
remuneration of contractors or grantees.
No payments or gifts will be provided to applicants.

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10. Describe any assurance of confidentiality provided to respondents and the basis for
the assurance in statute, regulation, or agency policy.
Personal and financial information collected on these forms is protected under the Privacy
Act of 1974. The Privacy Act system of records notices associated with this information
collection are INTERIOR/WBR-17 and INTERIOR/WBR-32 (64 FR 29876).
11. Provide additional justification for any questions of a sensitive nature, such as
sexual behavior and attitudes, religious beliefs, and other matters that are commonly
considered private. This 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 whom the information is requested, and any steps to be taken to
obtain their consent.
No questions of a private or sensitive nature will be asked.
12. Provide estimates of the hour burden of collection of information. The statement
should:
a. Indicate the number of respondents, frequency of response, annual hour burden,
and an explanation of how the burden was estimated.
The estimated number of total applicants is 175. The estimated completion time per
application is 2 hours. The total estimated annual burden hours for this information collection
are 350 hours (175 total annual applications multiplied by 2 hours per applicant). These
estimates are unchanged from previous years.
b. If this request for approval covers more than one form, provide separate hour
burden estimates for each form and aggregate the hour burdens in item 13 of OMB Form
83-I.
Not applicable.
c. Provide estimates of annualized costs to respondents for the hour burdens for
collection of information, identifying and using appropriate wage rate categories.
Reclamation expects to receive approximately 175 applications from short-term users,
such as organizers of special recreation events, sporting events, and commercial filming.
Reclamation was able to estimate applicable hourly rates for the following economic
sectors, which represents a sample of the types of ROU applicants, using hourly rates published
on the Department of Labor (DOL) website at http://www.bls.gov/oes/current/oes_nat.htm#b000000. These hourly rates were then adjusted to include estimated benefits (a multiplier of 1.4
was added to the rates based on BLS News Release USDL 07-1883, December 11, 2007.)
Economic Sector

Hourly
rate +

Number of
Hours/Application
7

Number of
Applications

Annualized
Costs

Personal Care and
Service (Recreational
Workers) (base DOL
rate = $11.44/hour)
Arts, Design,
Entertainment, Sports,
and Media
Occupations (Media
and Communication
Equipment Workers,
All Other) (base DOL
rate = $26.00/hour)
Totals

Benefits
(Hourly
rate X 1.4)
$16.01

2

155

$4, 963.10

$36.40

2

20

$1,456.00

175

$6,419.10

13. Provide an estimate of the total annual [non-hour] cost burden to respondents or
recordkeepers resulting from the collection of information. (Do not include the cost of any
hour burden shown in item 12 and 14.)
a. The cost estimate should be split into two components: (1) a total capital and
start-up cost component (annualized over its expected useful life), and (2) 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.
The up-front cost to an applicant for requesting a use authorization is $100 for the
application fee. Some applications may incur a higher cost due to additional required analyses
such as the need to perform a valuation or to ensure compliance with the National Environmental
Policy Act. The average cost for preparing an application is estimated to be $200. Based on 175
applicants a year, this equates to $35,000 total capital and start-up cost for all applicants per
year.
The estimated total operation and maintenance and purchase of services component is
estimated to be $0.00.
b. 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 cost 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
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process and use existing economic or regulatory impact analysis associated with the
rulemaking containing the information collection, as appropriate.
Cost estimates will not vary.
c. 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 this 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.
Cost estimates do not include these purchases.
14. Provide estimates of annualized cost to the Federal Government. Also, provide a
description of the method used to estimate cost, which should include quantification of
hours, operation 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 may also aggregate cost estimates from items 12, 13, and 14 in a single table.
Reclamation estimates the total annual cost to the Federal Government to be $31,864 to
process the estimated 175 Use Authorization Application Forms 7-2540. Applications will be
reviewed by experienced Reclamation staff, and no additional equipment will be required. The
annual cost to the Federal Government is estimated as follows:
Cost Activity

Costs

Staff costs to collect, analyze, discuss request with project manager and
applicant, and issue use authorization [175 applications x approximately
4 staff-hours to review each application] x $45.52 per hour salary
including estimated benefits (*1.5 X $30.35/hr) for a GS-12, Step 3 =
$31,864
Miscellaneous administrative costs for equipment and support staff
costs are included in the overhead
TOTAL Federal Government Costs

$31,864
-0$31,864

* Source: BLS News Release USDL 07-1883, December 11, 2007.
15. Explain the reasons for program changes or adjustments reported in items 13 or 14
of the OMB Form 83-I.
There are no adjustments or program changes from the collection currently approved by
OMB.
16. For collections of information whose results will be published, outline plans for
tabulation and publication. Address any complex analytical technique 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 date, and other actions.
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There are no Reclamation business requirements to 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 would make display inappropriate.
The expiration date for OMB approval will be displayed on the application.
18. Explain each exception to the certification statement identified in item 19,
“Certification for Paperwork Reduction Act Submissions,” of OMB Form 83-I.
No exceptions to the certification statement are being requested.

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