3090-00XX-Justification-RPSR-05-06-10 GPC PMO 6-17-10

Supporting Statement for Paperwork Reduction Act Submission

OMB Control Number 3090-00XX

Real Property Status Report, SF- XXXX

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 creation of the Real Property Status Report simplifies a required collection process and thereby meets the mandates of, OMB Circular A-102, 2 CFR Part 215, as well as the requirements of Public Law 106-107.

Reporting on the disposition of real property acquired in whole or in part under a Federal assistance award is necessitated in 2 CFR Part 215, the “Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations,” and the “Uniform Administrative Requirements for Grants and Agreements with State and Local Governments” codified by Federal agencies at 53 FR 8048 (March 11, 1988), also know as (OMB Circular A-102. Additionally, Public Law 106-107, the Federal Financial Assistance Management Improvement Act of 1999, requires that agencies simplify Federal financial assistance application and reporting requirements (31 USC 6101, Section 3).

Agencies are currently using a variety of reports to account for and track the status of and to request disposition instructions related to real property for which the Federal government holds an interest as a result of the real property being acquired, improved or furnished under a Federal financial assistance award and for real property that was donated to a Federal project in the form of a match or cost sharing donation. During the public consultation process mandated by Public Law 106-107, grant recipients requested standardized reports to help them submit appropriate property information when required. The Public Law 106-107 Post Award Subgroup developed a new standardized report, the “Real Property Status Report,” for submission of the required data related to real property for which the Federal government holds an interest. The report consists of the cover sheet (SF-XXXX), three attachments to be used as required: General Reporting, SF-XXXX-A; Request to Acquire, Improve or Furnish, SF-XXXX-B, and a Disposition Request, SF-XXXX-C.

The circumstances when recipients may be required to provide or request real property related information are outlined in the attached Table that was included in the November 13, 2008 Federal Register Notice.

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.

The information collected is used by the awarding agencies to obtain reports from Federal assistance recipients regarding: (1) the status of real property; (2) requests for authority to acquire, improve or furnish real property, and (3) requests for disposition instructions, (related to real property for which the Federal government holds an interest as a result of the real property being acquired, improved or furnished under a Federal financial assistance award and for real property that was donated to a Federal project in the form of a match or cost sharing donation). For example, recipients must obtain approval from the Federal awarding agency to use real property in other federally-sponsored projects when the recipient determines that the property is no longer needed for the purpose of the original project. In such an event the recipient would submit the cover sheet (SF-XXXX) along with the Disposition Request, SF-XXXX-C to the Federal agency.

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.

The Real Property Status Report (SF-XXXX) does not require the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. During the public consultation process mandated by Public Law 106-107, grant recipients requested the development of standard reports to help them submit appropriate property information to awarding agencies when required. The Post Award Subgroup determined that a common electronic reporting system was not currently available and developed a paper report. However, the standard data elements included in the paper format are intended to be used in the future for the electronic submission and collection of real property related information.

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.

Information collected by the Real Property Status Report (SF-XXXX) resides in the property management system of the award recipient. The awarding agency does not have access to this information.

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

During the public consultation process mandated by the Federal Financial Assistance Management Improvement Act of 1999, Public Law 106-107, recipients suggested the need for standardized reports to help them submit appropriate property information when required. The Real Property Status Report (SF-XXXX) was developed as a Grant Streamlining Initiative under PL 106-107 to assist recipients when they are required to provide real property related information.

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 Real Property Status Report (SF-XXXX) provides a standardized means to collect real property status information from recipients of Federal financial assistance related to any real property for which the Federal government holds an interest. Currently there is no standardized means of collecting this information. Each Federal agency which retains interest in real property (as a result of the real property being acquired, improved or furnished under a Federal financial assistance award and for real property that was donated to a Federal project in the form of a match or cost sharing donation), uses its own established process for collecting the related information. Because each agency follows their own methods for collecting the real property information, the recipients are forced to adapt their reporting requirements, including their systems, to meet the unique reporting requirements of each agency. The Real Property Status Report (SF-XXXX) simplifies the real property related reporting requirements for all recipients, providing a standardized format for real property related reporting. There is a requirement for an annual reporting date of September 30, which is to be used if a Federal financial assistance award does not specify an annual reporting date, unless Federal interest in the real property extends 15 years or longer.

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;

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

• Submit more than an original and 2 copies of any document;

• Retain records, other than health, medical, government contracts, grant-in-aid, or tax records, for more than 3 years;

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

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

• Include 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; or

• 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.

The Real Property Status Report (SF-XXXX) is a standardized report designed to assist recipients when they are required to provide a Federal agency with information related to real property (for which the Federal government holds an interest as a result of the real property being acquired, improved or furnished under a Federal financial assistance award and for real property that was donated to a Federal project in the form of a match or cost sharing donation). Under 2 CFR part 215, the Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations”, and the Uniform Administrative Requirements for Grants and Agreements with State and Local Governments”, codified by Federal agencies at 53 FR 8048 (March 11, 1988) recipients are required to report real property no longer needed for the purpose of the original project. This information is provided on an as needed basis which could, in rare cases, be more often than quarterly.

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 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. 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.

A notice of request for comments regarding a new information collection was published in the Federal Register at 72 FR 64646, November 16, 2007. A copy of the Federal Register Notice is attached. Five public comments were received on the burden estimate for the report. In response to those comments the burden estimate was increased from 1.6 to 4.0 hours. A notice of request for comments regarding a new OMB clearance was published in the Federal Register at 73 FR 67177, November 13, 2008. However, no comments were received concerning cost and hour burden.

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

N/A

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

N/A

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 questions 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.

N/A

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 in Item 13.

• 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 13.

The Real Property Status Report (SF-XXXX) was posted to the OMB MAX website on December 8, 2009. Eight agencies posted annual burden hour estimates. The estimated total annual burden hours are 3,543,685.45. A listing with the number of respondents, the number of responses per respondent and average burden hours per response by agency is included in the notice of request for comments regarding a new OMB clearance.

ANNUAL BURDEN ESTIMATES

Instrument	Agency	Number of respondents	Number of responses per respon-dent	Average burden hours per response	Total burden hours
Real Property Status Report (RPSR) and Attachments	NEH	10	1	4	40
Real Property Status Report (RPSR) and Attachments	HUD	748	1.3	3.66	3559
Real Property Status Report (RPSR) and Attachments	DOE	500	1	2	1000
Real Property Status Report (RPSR) and Attachments	VA	200	1	2	400
Real Property Status Report (RPSR) and Attachments	IMLS	10	1	4	40
Real Property Status Report (RPSR) and Attachments	ED	1694	1	8.3	14,060.2
Real Property Status Report (RPSR) and Attachments	DOT	1100	800	4	3,520,000
Real Property Status Report (RPSR) and Attachments	HHS	1223	1.5	2.5	4,586.25

13. Provide an estimate for the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14.)

• The cost estimate should be split into two components: (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. 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 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.

• 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.

There is no expected cost to respondents or to OMB.

14. Provide estimates of annualized costs to the Federal Government. Also, provide a description of the method used to estimate cost, which should include qualification 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 may also aggregate cost estimates from Items 12, 13, and 14 in a single table.

N/A

15. Explain the reasons for any program changes or adjustments reported in Items 13 or 14.

N/A

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.

N/A

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.

N/A

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

N/A

B. Collections of Information Employing Statistical Methods

N/A

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