1006-0005 Supporting Statement Final

Supporting Statement for Paperwork Reduction Act Submissions
INDIVIDUAL LANDHOLDER’S CERTIFICATION AND
REPORTING FORMS FOR ACREAGE LIMITATION
43 CFR PART 426 AND 43 CFR PART 428
CURRENT OMB APPROVAL NO. 1006-0005
Terms of Clearance
“Upon the agency's next request for OMB approval, the agency shall provide to
respondents the option of submitting information electronically.”
The irrigation districts (districts) that are parties to contracts with the Bureau of
Reclamation for the receipt of federally developed water (irrigation water) function as a federal
entity in specific regard to administration of the Reclamation Reform Act of 1982 (RRA)
requirements. As such, the districts that have a contract to deliver Reclamation irrigation water
collect the RRA forms included in this information collection (IC) from the landholders
receiving such water. In other words, the Reclamation generally does not collect the individual
landholder certification and reporting forms. The acreage limitation provisions of Federal
reclamation law provide statutory and regulatory authority for Reclamation to require
landholders’ submission of RRA forms that gather information pertinent to the lawful delivery of
Reclamation irrigation water, and the retention requirements associated with such forms. There
is, however, no statutory or regulatory provision in the acreage limitation provisions for
Reclamation to require that the submission and retention of RRA forms be in electronic format.
Because the districts collect the forms in this IC, not Reclamation, the districts would have to
fund, develop, implement, and maintain an electronic submittal option. Based on initial
research, Reclamation suspects that only the very large water districts are equipped with the
necessary staff and electronic hardware/software capability (both budget and equipment) to meet
the demands of electronic RRA forms submittal and retention. The RRA is a program that is
administered consistently across the 17 western states, and it will very likely be an unreasonable
burden to require the remaining water districts to overcome equipment, staffing, and financial
issues in order to collect and retain RRA forms electronically, or to even offer the electronic
RRA forms option to landholders.
Additionally, any potential electronic submittal option for the forms in this IC would have to
be closely regulated for privacy and security purposes due to the information on the forms. The
RRA forms are covered by the Privacy Act of 1974 and although methods such as e-mail
constitute electronic submission, privacy concerns would not be addressed by most commonly
used electronic methods.
A particular district’s electronic submittal option would also have to be consistent with the
operation of other potential electronic submittal options in other districts since there are many
landholders who hold (directly or indirectly own or lease) land in more than one district. It is
allowable for a multidistrict landholder to complete one RRA form, submit the original form to
one district in which the landholder holds land, and submit a copy of the completed RRA form to
other districts in which the landholder holds land. Taking the same multidistrict landholder as an

example, if one of said districts utilizes electronic forms submittal and another of said districts
does not, then the multidistrict landholder’s reporting burden could be increased. In order to
comply with the acreage limitation rules and regulations, the landholder will have to submit the
appropriate RRA forms in two different ways (electronically and manually) to two different
districts.
To the maximum extent possible at this time, Reclamation has made electronic completion of
the RRA forms available for those districts and landholders that are electronically capable.
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 statute and regulation mandating or authorizing the
collection of information.
The Reclamation Act of 1902 established a policy of Federal assistance through irrigation
development. Among other requirements, the Reclamation Act of 1902 provided that irrigation
water could not be delivered to more than 160 acres per individual ownership. The delivery of
irrigation water to leased land was not restricted.
These provisions were amended on October 12, 1982, when President Reagan signed into
law the Reclamation Reform Act of 1982 (RRA). The RRA permits individual landholders
and districts the option of remaining subject to the ownership and pricing provisions of prior law
(prior law) or becoming subject to the ownership and pricing provisions of the new law
(discretionary provisions). The discretionary provisions, found in sections 203 through 208
[except for section 203(b)], of the RRA allow for the delivery of irrigation water to up to 960
acres owned by an individual or an entity benefiting 25 or fewer persons and up to 640 acres
owned by an entity benefiting more than 25 persons. The new law also sets forth conditions for
charging a full-cost rate for irrigation water deliveries.
The discretionary provisions apply only to districts that enter into new or amendatory water
service or repayment contracts with the United States. Districts that had existing contracts with
the United States as of the date of the RRA and that do not amend their contracts to conform to

the discretionary provisions are subject to prior law. In districts that do not amend their
contracts to conform to the discretionary provisions, landowners or lessees (landholders) may
individually elect to comply with the discretionary provisions. Certain provisions of the RRA
apply to all districts, regardless of whether they amend their contracts to conform to the
discretionary provisions or remain subject to prior law.
Section 206 of the RRA requires that as a condition to receiving irrigation water, each
landholder in a district that is subject to the discretionary provisions “. . . shall furnish the district
in a form prescribed by the Secretary, a certificate that they are in compliance . . .” with the
provisions of the Act. They must also include a statement of the number of acres leased, the
term of any lease, and a certification that the rent paid reflects the reasonable value of the
irrigation water to the productivity of the land.
Section 228 of the RRA further requires that any district subject to the acreage limitation
provisions of Federal reclamation law must compile and maintain such records and information
as the Secretary deems reasonably necessary to implement the provisions of Federal reclamation
law. Every district is to provide, in a form suitable to the Secretary, such reports on the above
matters as the Secretary may require. These sections are further codified by section 224(c),
which requires the Secretary to “ . . . collect all data necessary to carry out the provisions of this
title and other provisions of Federal reclamation law.” Section 426.18 of the Acreage
Limitation Rules and Regulations (43 CFR part 426) (regulations) describes forms submittal
requirements.
Section 5302 of the Omnibus Budget Reconciliation Act of 1987 contains amendments to
the RRA which affect this IC in two ways: (a) the Bureau of Reclamation (Reclamation) is
required to audit all farm operations larger than 960 acres, and (b) land held by revocable trusts
(as defined by the RRA) in certain cases must be attributed to the trusts’ grantors.
In 1988, the Natural Resources Defense Council (NRDC) filed a lawsuit challenging the
validity of the 1987 version of the regulations and the 1988 revisions to those regulations.
On July 26, 1991, the United States District Court for the Eastern District of California (Court)
ruled that the current regulations were unlawful because of Reclamation’s failure to prepare an
environmental impact statement prior to the adoption of the regulations. The Court issued an
order on March 10, 1993, declaring among other things that the current regulations would remain
in effect on an interim basis pending completion of a new rulemaking. In 1993, a Settlement
Contract was executed resolving the lawsuit, which required Reclamation to propose new
regulations implementing the RRA. The regulations were finalized and published in the Federal
Register in December 1996 (61 FR 66754, Dec. 18, 1996). In the finalized regulations,
section 426.10 was revised and became effective January 1, 1997. The rest of the revisions to
43 CFR part 426 became effective on January 1, 1998, at which time section 426.10 was
renumbered as section 426.18 (as referenced at the top of this page).
During the above rulemaking process, Reclamation received a number of comments
regarding the compliance of certain large trusts with the acreage limitation provisions of Federal
reclamation law. Comments expressed a variety of viewpoints, including the assertion that some
trusts with landholdings (owned or leased land) in excess of 960 acres circumvent the

requirements of Federal reclamation law. Because of this, Reclamation published an advanced
notice of proposed rulemaking (ANPR) in the Federal Register (61 FR 66827, Dec. 18, 1996)
that asked the public to comment on various issues concerning trusts and the delivery of
Reclamation irrigation water to trusts.
Based on the comments received during the ANPR and the previous rulemaking process,
Reclamation published a final rule in the Federal Register (65 FR 4324, Jan. 26, 2000) entitled:
Information Requirements for Certain Farm Operations in Excess of 960 Acres and the
Eligibility of Certain Formerly Excess Land. This rule added a new part (43 CFR part 428) to
Reclamation’s regulations to supplement the Acreage Limitation Rules and Regulations in
43 CFR part 426. This rule was effective on January 1, 2001, except for those districts whose
water year began prior to January 1st; in such cases the effective date was October 1, 2000.
Forms submittal requirements were established for certain farm operators in 43 CFR 428.4
through 428.8. In considering the issues associated with certain farm operators being required
to submit RRA forms (specifically, farm operators providing services to more than 960 acres
westwide held in trusts or by legal entities), Reclamation also requested comments on whether
current RRA forms should be modified to accommodate the additional information requirements
applicable to farm operators, or if an entirely new form should be developed for farm operators.
Based on the comments received, it was decided that a separate form should be completed by the
applicable farm operators and Reclamation developed a new form for such farm operators to use.
The farm operators’ form received OMB approval in the year 2000 under the current OMB
approval number (1006-0005) in anticipation of finalization of 43 CFR part 428; however, this
form was not used until 43 CFR part 428 became effective for the 2001 water year.
In accordance with the requirements of the RRA, an IC has taken place since 1984 to
administer and enforce the acreage limitation provisions of Federal reclamation law. The
RRA forms included in this information clearance package are a revision of the current forms,
and reflect the requirements of 43 CFR 426.18 that became effective January 1, 1998, and
43 CFR 428.4 through 428.8 that generally became effective January 1, 2001.
2. Indicate how, by whom, and for what purpose the 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.]
The RRA forms described below are to be completed and submitted to districts by landholders
and certain farm operators subject to the acreage limitation provisions of Federal reclamation
law. Districts and Reclamation use the data included on the landholders’ and farm operators’
forms to (a) identify all landholders and farm operators in the district required to submit RRA
forms, (b) determine the acres on which each landholder or farm operator is entitled to receive
Reclamation irrigation water, pursuant to Federal reclamation law, and (c) determine the rate to
be charged for such water deliveries. Historically, a landholder whose entire westwide
landholding totals 40 acres or less is exempt from the requirement to submit these forms. As of
January 1, 1997, qualified recipients were provided RRA forms submittal exemptions of 80 acres
or less, or 240 acres or less, depending on their district’s RRA forms submittal category. As of

January 1, 2001 (generally), farm operators were provided an RRA forms submittal exemption
on 960 acres or less when land is entirely held by trusts or legal entities. Land held by
individuals is not considered in determining if a farm operator must submit a form.
The forms and instructions to the forms were extensively revised for the 2000 water year to
meet the requirements of President Clinton’s June 1, 1998, memorandum which stated that all
forms to be completed by the public must be written in “plain language” by the year 2001. Since
then, further revisions have been made to promote this objective and enhance the clarity and
consistency of the forms. The changes made to the currently approved forms in order to obtain
the draft forms proposed for approval are predominantly editorial and typographical in nature,
with the intent to facilitate the respondents’ ease in form completion and increase the clarity of
the forms for the respondents. Such changes were also designed to improve the specificity of the
information provided by the respondents so that Reclamation can ensure proper administration of
the acreage limitation provisions.
List of forms
Following is a list of the landholder forms and a brief discussion of the purpose of each form.
A detailed discussion of the purpose of each question on the forms is provided in Attachment 1.
Form 7-2180EZ, “EZ Certification of Individual’s Landholdings.” This form allows certain
individuals with uncomplicated landholdings to complete a simplified form. To be eligible to
complete Form 7-2180EZ, the landholder’s entire landholding must be located in only one
district, the acreage must not exceed 960 acres, the entire landholding must be held directly
(i.e., no legal entities may be involved), the landholder is not claimed as a dependent within the
meaning of the Internal Revenue Code, either the landholder or the landholder’s spouse
(if married) is a U. S. citizen or a resident alien, and the landholder must be subject to the
discretionary provisions.
Form 7-2180, “Certification of Individual’s Landholdings.” This form is to be used by
individuals and single families who are subject to the discretionary provisions to certify their
landholdings. This form is also to be used by part owners and beneficiaries of entities and trusts
that are subject to the discretionary provisions to indicate their interest in the holdings of those
entities or trusts.
Form 7-2181, “Certification of Entity’s Landholdings.” This form is to be used by all types
of multiple ownerships that are subject to the discretionary provisions, including, but not limited
to, tenancies-in-common, partnerships, and corporations, to certify their landholdings. However,
it is not to be used by trusts.
Form 7-2184, “Certification of Religious or Charitable Organization’s Landholdings.” This
form is to be used by religious or charitable organizations that are subject to the discretionary
provisions to certify their landholdings. A separate form is needed for these organizations
because the acreage limitation provisions of Federal reclamation law applicable to land held by
religious and charitable organizations differ from those covering other types of landholders.

Form 7-2190EZ, “EZ Report of Individual’s Landholdings.” This form allows certain
individuals with uncomplicated landholdings to complete a simplified form. To be eligible to
complete Form 7-2190EZ, the landholder’s entire landholding must be located in only one
district, the acreage must not exceed 160 acres (320 acres for a married couple), the entire
landholding must be held directly (i.e., no legal entities may be involved), the landholder is not
claimed as a dependent within the meaning of the Internal Revenue Code, and the landholder
must be subject to the prior law provisions.
Form 7-2190, “Report of Individual’s Landholdings.” This form is to be used by individuals
and single families who are subject to prior law provisions to report their landholdings. This
form is also to be used by part owners and beneficiaries of entities and trusts that are subject to
the prior law provisions to indicate their interest in the holdings of those entities or trusts.
Form 7-2191, “Report of Entity’s Landholdings.” This form is to be used by all types of
multiple ownerships that are subject to the prior law provisions, including, but not limited to,
tenancies-in-common, partnerships, and corporations, to report their landholdings. However, it
is not to be used by trusts.
Form 7-2194, “Report of Religious or Charitable Organization’s Landholdings.” This form
is to be used by religious or charitable organizations that are subject to the prior law provisions
to report their landholdings. A separate form is needed for these organizations because the
acreage limitation provisions of Federal reclamation law applicable to land held by religious and
charitable organizations differ from those covering other types of landholders.
Form 7-21PE, “Declaration of Public Entity’s Landholdings.” This form is to be used by
public entities to declare their holdings in districts subject to discretionary provisions or prior
law provisions. A separate form is needed because the acreage limitation provisions of Federal
reclamation law applicable to land held by public entities differ from those applicable to other
types of landholders.
Form 7-21PE-IND, “Attachment Sheet for Form 7-21PE.” This form is to be used by public
entities that hold land (either wholly or partially) through a legal entity. Form 7-21PE-IND was
developed in lieu of modifying Form 7-21PE due to the isolated occurrence of public entities
that own or lease land through a wholly or partially owned legal entity. The one-page
Form 7-21PE-IND is completed in conjunction with Form 7-21PE.
Form 7-21TRUST, “Declaration of Trust’s or Estate’s Landholdings.” This form is to be
completed by all trusts. In general, trusts are exempted from application of the acreage
limitation provisions of Federal reclamation law; however, land held in trust must be attributed
to a landholder(s) and the amount of land eligible to receive water when held by a trust can be
limited by the entitlements of the parties to whom the land held in trust is attributed. Therefore,
a separate form is needed for trusts because it is necessary to gather information regarding the
trust, the land held in trust, and the parties to whom the land is attributed.
Form 7-21VERIFY, “Verification of Landholdings.” This form is to be completed annually
by landholders who are required to submit RRA forms but have no change in their landholdings

from the previous year. Annual verification is necessary to satisfy the RRA requirement for
annually providing information on landholdings to ensure that Reclamation and district(s)
information on individual landholdings remains accurate and up to date. Landholders may also
use this form to report renewals or extensions of leases with terms of 1 year or less, provided no
other aspects of the leases have changed, or to report a change in a farm operator.
Form 7-21FARMOP, “Declaration of Farm Operator Information.” This form is to be
completed by farm operators who provide services to more than 960 nonexempt acres westwide,
that are held by a single trust or legal entity or any combination of trusts and legal entities. In
addition, this form is to be completed by part owners of legal entities that are farm operators if
that farm operator is providing services to land the part owner formerly owned as “excess” and
sold at a price approved by Reclamation.
Form 7-21FC, “Selection of Full-Cost Land.” This form allows discretionary or prior law
provision landholders whose total landholdings exceed their nonfull-cost entitlements to select
land which is subject to full-cost pricing. The only exception is for public entities – full-cost
land information is included on Form7-21PE.
Form 7-21XS, “Designation of Excess Land.” This form allows discretionary or prior law
provision landowners whose total ownerships exceed their ownership entitlements to designate
land which is to be considered excess. The only exception is for public entities – excess land
information is included on Form7-21PE.
Form 7-21XSINAQ, “Information Sheet for Involuntarily Acquired Eligible Land
Designated As Excess Land.” This form may be completed by landholders who involuntarily
acquire nonexcess land then designate that land as excess. Landholders are instructed that they
may use a separate sheet of paper instead of this form. This form (or a similar, separate sheet of
paper) is considered to be a part of Form 7-21XS for landholders that involuntarily acquire
eligible excess land.
Form 7-21INFO, “General Information About the RRA Forms.” This document provides
general information including definitions of terms used in the RRA forms. This form is strictly
an informational form. There is no information collected by this form; therefore, there are no
respondents or burden hours associated with this form number.
The following three forms are optional forms that landholders may choose to use if more space
(than what is provided on a particular RRA form) is required to list certain types of land. The
availability of these forms also allows Reclamation to provide landholders with an electronically
fillable and printable option for a continuation sheet. There are no additional burden hours or
respondents associated with these forms that have not already been included in the burden hour
and respondent figures of the forms for which these forms provide more space or information.
Form 7-21CONT-I, “Continuation Sheet for Indirectly Held Landholdings.” This
continuation sheet may be used by landholders that require additional space for listing land
indirectly held through other entities. This continuation sheet may be used with Forms 7-2180,

7-2181, 7-2184, 7-2190, 7-2191, 7-2194, and 7-21TRUST. Landholders are instructed that they
may use their own similar continuation sheet instead of this form.
Form 7-21CONT-L, “Continuation Sheet for Directly Leased Landholdings.” This
continuation sheet may be used by landholders that require additional space for listing land
directly leased from another party. This continuation sheet may be used for Forms 7-2180EZ,
7-2180, 7-2181, 7-2184, 7-2190EZ, 7-2190, 7-2191, 7-2194, 7-21PE, and 7-21TRUST.
Landholders are instructed that they may use their own similar continuation sheet instead of
this form.
Form 7-21CONT-O, “Continuation Sheet for Directly Owned Landholdings.” This
continuation sheet may be used by landholders that require additional space for listing land the
landholder directly owns. This continuation sheet may be used with Forms 7-2180EZ, 7-2180,
7-2181, 7-2184, 7-2190EZ, 7-2190, 7-2191, 7-2194, 7-21PE, and 7-21TRUST. Landholders are
instructed that they may use their own similar continuation sheet instead of this form.
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 all of the RRA forms in this IC and the associated instructions
available on the Internet for either printing and manual completion, or electronic completion,
and manual submission. This effort was fully accomplished in October 2004. These forms can
be found at www.usbr.gov/rra. To the maximum extent possible at this time, Reclamation has
made electronic completion of the RRA forms available for those districts and landholders that
are electronically capable. Since 1997, Reclamation has offered landholders and districts the
opportunity to develop their own electronic RRA forms. In 1997 Reclamation developed
standards for computerized RRA forms which several districts and companies have used to
develop substitute forms in word processing, database, and spreadsheet files. Reclamation’s
standards require Reclamation’s inspection and approval of such electronic, substitute RRA
forms prior to their use. While the districts use the automated substitute RRA forms they have
developed to complete forms for their landholders and the district’s summary forms, at least one
private company has developed a software package of substitute RRA forms that they have
marketed to the public.

Currently, the prevailing issues obstructing Reclamation from providing an electronic
submittal option for the forms in this IC are (a) it will be a formidable effort for Reclamation to
assess the approximately 210 water districts’ electronic capabilities and associated reporting
burden implications in a situation where Reclamation has no authority to require water districts
to obtain the necessary technology to become electronically capable, (b) there are privacy issues
associated with the information collected on the RRA forms in this IC, and (c) the signatures on
these RRA forms must be preserved because the signatures are directly associated with potential

eligibility to receive Reclamation irrigation water. Prior to elaborating on these three issues, we
must reiterate that in almost all cases Reclamation does not collect or retain the RRA forms
included in this IC. Rather, the districts that have a contract to deliver Reclamation irrigation
water collect the RRA forms in this IC from the landholders receiving such water.
Consequently, each district possesses sole discretion over assessing the feasibility of developing,
providing, and maintaining an electronic submittal option for the respondents who submit their
RRA forms to that district. The following discussion of the three above-listed prohibitive issues
will further explain why an electronic submittal option for the RRA forms in this IC would be
problematic, even if a district were to agree to develop, provide, and maintain an electronic
submittal option.
Assessment of District Capability and Reporting Burden: The acreage limitation provisions
of Federal reclamation law provide statutory and regulatory authority for Reclamation to require
landholders’ submission of RRA forms that gather information pertinent to the lawful delivery of
Reclamation irrigation water, and the retention requirements associated with such forms. There
is, however, no statutory or regulatory provision in the acreage limitation provisions for
Reclamation to require the districts that collect and retain the RRA forms to provide a means of
electronic submission. Based on initial research, Reclamation suspects that only the very large
water districts are equipped with the necessary staff and electronic hardware/software capability
(both budget and equipment) to meet the demands of electronic RRA forms submittal and
retention. The RRA is a program that is administered consistently across the 17 western states,
and it will very likely be an unreasonable burden to require the remaining water districts to
overcome equipment, staffing, and financial issues in order to collect and retain RRA forms
electronically, or to even offer the electronic RRA forms submittal option to landholders.
A particular district’s potential electronic submittal option would also have to be consistent
with the operation of other potential electronic submittal options in other districts since there are
many landholders who hold land in more than one district. It is allowable for a multidistrict
landholder to complete one RRA form, submit the original form (in hard copy) to one district in
which the landholder holds land, and submit a copy of the completed RRA form (in hard copy)
to other districts in which the landholder holds land. Taking the same multidistrict landholder as
an example, if one of said districts utilizes electronic forms submittal and another of said districts
does not because the district cannot accommodate an electronic submittal option, then the
multidistrict landholder’s reporting burden could be increased. In order to comply with the
acreage limitation rules and regulations, the landholder would have to submit the appropriate
RRA forms in two different ways (electronically and manually) to two different districts.
Privacy Issues: Any potential electronic submittal option for the forms in this IC would have
to be closely regulated for privacy and security purposes due to the information on the forms.
The RRA forms are covered by the Privacy Act of 1974 and although methods such as e-mail
constitute electronic submission, privacy concerns would not be addressed by most commonly
used electronic methods, such as e-mail.
Signatures: Any potential electronic submittal option would also have to be closely
regulated to ensure the presence and identity of all required signatures are fully preserved, as
they would be on a hard copy form submittal. The presence or absence of a signature(s), and/or

the identity of the signatory can all be grounds for financial consequence to a district or
ineligibility of a landholder to receive Reclamation irrigation water, as specified by regulation.
Accommodation of these electronic signature requirements on potential electronic form
submittals would significantly complicate a district’s efforts to provide an electronic submittal
option to respondents. Again, because Reclamation does not collect or retain the RRA forms in
question, the district retains full discretion over whether to address these complications.
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.
The acreage limitation provisions of Federal reclamation law apply only to certain
Reclamation projects that provide irrigation water for agricultural purposes; consequently,
similar data are neither collected nor available through any other Federal agency, State or local
government, or private organization. An attachment to a letter from Mr. Scott J. Cameron,
Deputy Assistant Secretary for Performance and Management (Department of the Interior), to
U.S. Representative Doug Ose regarding an April 11, 2002, hearing on Paperwork Reduction
Act issues (specifically, pages two and three of the attachment to Mr. Cameron’s letter) detail the
following general findings:
a. Not all of Reclamation’s customers participate in USDA programs, and most of USDA’s
customers do not receive Reclamation irrigation water.
b. Reclamation and USDA do not use the same categories of program respondents due to
statutory and regulatory program requirements.
c. The level and nature of detail in USDA and Reclamation ICs differs in such ways that it
is clear USDA data would not be sufficient to allow Reclamation to properly
administer and enforce the acreage limitation provisions of Federal reclamation law.
d. RRA forms are filed at the local (district) level; USDA forms are filed at county offices
with little centralization of that data.
For the foregoing reasons, it has been determined that there is no duplication with regard to
this particular data collection.

5. If the collection of information impacts small businesses or other small entities
(item 5 of OMB Form 83-I), describe any methods used to minimize burden.
Small organizations, such as farms and small family corporations, are among the respondents
to this requirement. Reclamation has carefully analyzed this requirement to ensure that the
information requested of small organizations and all other potential respondents is the minimum
necessary to implement and enforce the acreage limitation provisions of Federal reclamation law.
As a result, and as discussed in item 2, Reclamation has exempted all landholders who hold
40 acres or less from forms submittal requirements. In addition, as of January 1, 1997, qualified
recipients had RRA forms submittal thresholds of at least 80 acres, and more often 240 acres.
Also, in 1991 Reclamation introduced Forms 7-2180EZ and 7-2190EZ which are relatively
simple to complete for individual and family holdings. In addition, the very brief
Form 7-21VERIFY may be used by landholders to verify their landholdings instead of
submitting new standard forms if they do not have a landholding change from the previous year.
Starting in 1997, the Form 7-21VERIFY could even be used in situations where the only
landholding change is the renewal or extension of a lease with a term of 1 year or less or a
change in the farm operator.
There are no special provisions in the RRA for small organizations.
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.
Because basic landholding data have already been collected, landholders must fully certify or
report again only when changes in their landholdings occur; however, they must verify annually
that their previously submitted information remains accurate. Annual reporting (through the
submission of either a standard RRA form or a verification form) is required by sections 206 and
228 of the RRA and sections 426.18 and 428.4 of the regulations. This eliminates the possibility
of not conducting the IC, or conducting it less frequently. Furthermore, if the information were
collected and verified on a less frequent basis, enforcement of the law would be weakened, and
landholders would become less aware of the continuing requirement for compliance with acreage
limitation provisions of Federal reclamation law.
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.
Landholders who have a landholding change more than quarterly will be required to report
more than quarterly. Each time a landholder has a landholding change, the landholder must
submit a new form within 60 calendar days. This is a requirement of section 426.18 of the
regulations.

b. Requiring respondents to prepare a written response to a collection of
information in fewer than 30 days after receipt of it.
This would occur only if a party becomes a landholder subject to the acreage limitation
provisions of Federal reclamation law and wishes to receive Reclamation irrigation water within
30 calendar days. Forms must be submitted before irrigation water is delivered to a landholder.
c. Requiring respondents to submit more than an original and two copies of any
document.
This would occur if a landholder holds land in more than three districts. A landholder is
required to submit a form to each district where land is held. The landholder must submit an
original to one district and may submit copies to the other districts.
d. Requiring respondents to retain records, other than health, medical, government
contract, grant-in-aid, or tax records, for more than 3 years.
As of January 1, 1998, the retention period for RRA forms increased from 3 to 6 years as
provided by revisions to section 426.19 of the regulations. This requirement is for districts, not
individual landholders. As stated before, landholders may annually submit Form 7-21VERIFY
stating that their landholdings have not changed instead of submitting new standard RRA forms.
However, the district must keep all standard RRA forms for which a verification form is on file.
The length of time such standard forms must be retained may well exceed the 6-year retention
period for superseded certification and reporting forms. In rare instances, Reclamation may
specifically request a district to retain superseded forms beyond 6 years. Landholders can
choose to retain, or not retain, copies of the forms they submit to the applicable districts.
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 landholder forms will not be used this way.
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 is has instituted procedures to protect
the information’s confidentiality to the extent permitted by law.
The forms are protected by the Privacy Act of 1974, system of records INTERIOR/WBR-31.
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 October 24, 2008 (73 FR 63509, Oct. 24, 2008).
No comments were received on this IC.
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.]
Public hearings were held in 1982 after the RRA was enacted. Comments were received
from individual farmers, corporations, and organizations representing various farming and
nonfarming interests. Among the comments received were those that specifically addressed the
certification requirement of the RRA. Comments expressing that forms not be required from
every landholder resulted in the then proposed regulations exempting landholders of 5 acres or
less from forms requirements. After publication of the proposed regulations in the Federal
Register in 1983, more public hearings were held, where draft forms were displayed to the
public. Based on comments received, the draft forms were extensively revised, and the
exemption threshold was increased to 40 acres. In 1983, Reclamation officials met with
representatives of water user organizations and irrigation districts to review the forms, resulting
in further revisions. A pretest of the draft forms was conducted during December 1983 and
January 1984. Based on the results of the pretest, some modifications were made to the forms
before they were implemented for the 1984 water year.
Public hearings on revised regulations were held in 1986. The forms were further revised as
a result of comments received during those hearings and as a result of experiences with the first
and second generation of forms.
In 1994, public scoping meetings were held to receive public input regarding a revised
rulemaking. Proposed revised regulations were published in the Federal Register on
April 3, 1995. Public hearings were held in May 1995. The public comment period ran from
April 3 through June 26, 1995. These comments were considered in developing the final
regulations, including those affecting the RRA forms requirements.

To consider revisions to the RRA forms, a team was established in September 1995. This
team included two members who were representatives of districts. The other members included
two persons from Reclamation’s Program Analysis Office, two from Reclamation’s area offices,
and two from Reclamation’s regional offices. This team met in 1995 and 1996 to revise the
forms. Initially the revisions were to incorporate the changes in the draft final rulemaking that
would revise the then current regulations. However, when it became apparent the final
rulemaking would not be completed in time for printing of the forms for the 1997 water year, the
forms were revised to reflect the then current regulations.
A notice of request for comments was published in the Federal Register on March 8, 1996,
for the IC revisions. Reclamation sent a package of the proposed revised forms to each district
that is subject to acreage limitation provisions of Federal reclamation law seeking comments on
the forms. In addition, Reclamation also sent the proposed revised forms to any party who
previously expressed an interest in the revised forms.
Final regulations were published December 18, 1996, with effective dates of January 1, 1997
(amendment to section 426.10 of the then current regulations), and January 1, 1998 (complete
revision and renumbering of the then current regulations). The new regulations changed the
requirements and the instructions on the forms. A notice of a 60-day public comment period was
published January 29, 1997, regarding revisions to the RRA forms. In addition, a copy of the
comments and responses resulting from the 1996 forms approval process was sent to all districts
subject to acreage limitation and all other persons who submitted comments as part of that
process.
A proposed new rulemaking requiring the submittal of forms by certain farm operators was
published on November 18, 1998 (63 FR 64154). The Federal Register notice provided a
60-day comment period for the public to comment on the proposed rulemaking and the proposed
IC this rule would require. The comment period was to end January 19, 1999, but because
several people requested an extension of that deadline, we accepted comments until
February 18, 1999. After the close of the extended comment period, we again received requests
for an extension. The comment period was reopened until April 12, 1999 (64 FR 12141,
March 11, 1999).
As with previous revisions to the forms, copies of the revised year 2000 RRA forms and
instructions to those forms were sent to all districts subject to acreage limitation and to all other
persons who requested copies. Since then, the RRA forms and instructions have not been
distributed to all districts subject to the acreage limitation provisions of Federal reclamation law
because Reclamation considered the revisions to be minor, especially when compared to the
RRA forms changes made in years 1997 and 2000. However, every year that Reclamation seeks
renewal of OMB approval for its ICs, all districts subject to acreage limitation receive a letter
from Reclamation that announces the start of the public comment period. In that letter is a copy
of the corresponding Federal Register notice, a list of the proposed changes to the RRA forms, a
draft copy of any proposed new form (if any), and an announcement regarding the availability of
copies of the draft forms upon request. Regarding the current request for IC approval, all

districts subject to acreage limitation received such a letter from Reclamation dated
December 4, 2008.
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.
This IC contains forms that are completed by landholders. These completed forms are
submitted by the landholders to the appropriate district offices as a condition for the receipt of
Reclamation irrigation water. Reclamation generally does not collect, retain, or dispose of the
forms in this IC. Rather, the district offices perform these functions under their contract with
Reclamation and the statutory and regulatory requirements associated with that contract. As
such, Reclamation does not have ready access to contact information for specific landholders for
consultation purposes. Furthermore, the burden hour estimate associated with each form is an
average figure because a particular landholder must only complete the section of the applicable
form that is pertinent to the type of land held by that landholder. For example, a discretionary
provisions landholder that directly owns, directly leases, and indirectly owns land in one district
must complete 3 different landholding sections on his/her “Certification of Individual’s
Landholdings” (Form 7-2180) and will likely utilize the full one burden hour estimated for the
Form 7-2180 to do so. However, another discretionary provisions landholder in the same district
that only directly owns land must complete only one landholding section on his/her Form 72180, and will therefore not utilize the full burden hour estimated for the Form 7-2180.
Throughout each year, Reclamation conducts regularly scheduled water district reviews at
district offices that are subject to the acreage limitation provisions. Discussions between
Reclamation RRA staff and district staff are held at those reviews during which burden hour
feedback is addressed. In other words, Reclamation continually assesses burden hour estimates
for the RRA forms through discussions with district staff that are in direct contact with the
respondents of the forms in this IC, and has done so since these forms were first drafted in 1983.
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 respondents.
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 notice associated with this IC is
INTERIOR/WBR-31, Acreage Limitation.
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. 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.
See response to item 12(b) [next paragraph].
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.
As a result of routine oversight activities, we determined that approximately 15,279
landholders are currently required to submit RRA forms. This represents a net decrease of
2,079 respondents from previous years. The reduction is due to the fact that several districts
either (a) were legislatively exempted, or (b) completed requirements in order to be exempt from
the acreage limitation provisions of Federal reclamation law. Consequently, landholders who
held land in only these districts also became exempt.
The estimated number of responses per respondent is 1.02 annually, or 15,585 total
annual responses (15,279 respondents multiplied by 1.02 responses per respondent). This
represents a net decrease of 2,121 total annual responses from previous years.
The total estimated annual burden hours for this IC are 11,522 hours. The estimated
annual burden hours per form are listed below:

Form No.
Form 7-2180
Form 7-2180EZ

Estimated
Frequency
Total
No. of
of Response
Annual
Respondents
Responses
4,124
425

1.02
1.02

4,206
434

Burden
Estimate
Per Form
(in minutes)
60
45

Total
Burden
Hours
4,206
326

Form No.
Form 7-2181
Form 7-2184
Form 7-2190
Form 7-2190EZ
Form 7-2191
Form 7-2194
Form 7-21PE
Form 7-21PE-IND*
Form 7-21TRUST
Form 7-21FARMOP
Form 7-21VERIFY
Form 7-21FC*
Form 7-21XS*
Form 7-21XSINAQ**
Form 7-21CONT-O**
Form 7-21CONT-L**
Form 7-21CONT-I**
Form 7-21INFO**
TOTAL

Estimated
Frequency
Total
No. of
of Response
Annual
Respondents
Responses
1,205
32
1,620
96
777
4
146
4
882
172
5,434
214
144
0
0
0
0
0

1.02
1.02
1.02
1.02
1.02
1.02
1.02
1.02
1.02
1.02
1.02
1.02
1.02
0
0
0
0
0

1,229
33
1,652
98
793
4
149
4
900
175
5,543
218
147
0
0
0
0
0

15,279

1.02

15,585

Burden
Estimate
Per Form
(in minutes)
78
45
60
45
78
45
75
12
60
78
12
30
30
0
0
0
0
0

Total
Burden
Hours
1,598
25
1,652
74
1,031
3
186
1
900
228
1,109
109
74
0
0
0
0
0
11,522

* These forms are completed and submitted in conjunction with other forms listed in the table.
Additional time is involved with completing these forms; therefore, the number of burden hours
and number of respondents for these three forms have been added to the table.
* * These forms are (1) used when more space is required for listing certain kinds of land, or
(2) provided strictly for informational purposes. There are no additional burden hours or
respondents associated with these forms that have not already been included in the burden hour
and respondent figures of the forms for which these forms provide more space or information.
The average annual hour burden per response is 50 minutes (0.83 hours). The total
annual hour burden to all landholders is estimated at 11,522 hours. This represents a net
decrease of 1,563 burden hours from previous years resulting from existing legislation which
gradually reduces the number of respondents over time.
c. 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 average annual cost per response is estimated to be $22.08. This is based on the
wage rate of $19 per hour for the highest probable private sector agricultural employee wage
rate, multiplied by a benefits multiplier of 1.4*, multiplied by 0.83 hours per response. The total
annual cost is estimated to be $254,406 (11,522 hours multiplied by $22.08). The wage rate
figure of $19 for the appropriate private sector agricultural employee category applicable to this
IC was obtained from the May 2008 Bureau of Labor Statistics data for national occupational
employment and wage estimates (http://www.bls.gov/oes/current/oes_nat.htm). This represents
a net increase of $58,131 from previous years, solely due to updating of the wage rate figure
used for calculations. *BLS news release USDL: 08-1802, December 10, 2008.
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 estimated total capital and start-up cost to respondents is $0.00. 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
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.
Annual cost to the Federal Government is estimated as follows:
Item

Costs

Printing

$33,250

Personnel

$60,525 (1,500 person-hours x $40.35 per hour)*

Miscellaneous administrative costs

$ 1,875

TOTAL

$95,650

* Wage rate figure is based on the following:
• The average grade level of staff included in this cost estimate is GS-11 step 5.
• The 2009 hourly base wage for a GS-11 step 5 Federal employee is $26.90.
• The total hourly wage with benefits is $40.35 ($26.90 base wage X 1.5 benefits
multiplier)
• Information was obtained from the Office of Personal Management
(http://www.opm.gov/oca/09tables/html/gs_h.asp)
15. Explain the reasons for program changes or adjustments reported in items 13 or 14
of the OMB Form 83-I.
We are reporting through this document a program decrease in the hour burden of the IC
budget due to the exemption (from the acreage limitation provisions of Federal reclamation law)
of the landholders in several districts through exemption actions taken by such districts and
legislative activities. In general, the acreage limitation provisions of Federal reclamation law do
not apply once construction repayment obligations are completed. At that time, the RRA forms
requirements are no longer applicable.

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 results of this IC are not intended for publication.
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.
Because these forms are to be submitted annually, Reclamation would like to print the year
to which the forms apply on the forms and instructions. If Reclamation also displays the
OMB expiration date on the forms, we feel it may confuse the respondents as to which date
reflects the water year and therefore signifies a current form. This is a particular problem
because before 1996, Reclamation did not print the year for which the form was applicable, and
the districts relied solely on the OMB expiration date to determine if it was using a current form.
Therefore, Reclamation is requesting an exemption to not display the expiration date of
OMB approval of the form. This exemption request has been continuously granted since it was
first approved as part of the approval process completed in 1996 and 1997.
In addition, we are requesting the expiration date of the OMB approval to coincide with the
closure date of Reclamation’s water year, (December 31, 2011) instead of the usual 3 years from
the date of approval. This OMB approval, if granted, will apply to the RRA forms for the 2010
and 2011 water years, thereby shortening the usual 3-year OMB approval timeframe to 2 years,
in the interest of preserving the correlation of the forms in this IC to the water years to which
they will apply. Another request for OMB approval will be initiated for this IC in advance of the
2012 and 2013 water years.
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.

ATTACHMENT 1
List of information collection questions and justifications