Supporting Statement 2013

15

Supporting Statement A

Free Use Application and Permit for Vegetative or Mineral Materials (43 CFR Parts 3600, 3620, and 5510)

OMB Control Number 1004-0001

Terms of Clearance: None.

General Instructions

A completed Supporting Statement A 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 below. If an item is not applicable, provide a brief explanation. When the question “Does this ICR contain surveys, censuses, or employ statistical methods?” is checked "Yes," then a Supporting Statement B must be completed. OMB reserves the right to require the submission of additional information with respect to any request for approval.

Specific Instructions

Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection.

The Bureau of Land Management (BLM) seeks approval for two items:

1. The BLM seeks approval for an extension of the information collection requirements at 43 CFR subpart 3604, and parts 3620 and 5510. These regulations govern free use of vegetative resources (timber), mineral materials, and petrified wood on public lands.

2. At present, the BLM uses the same form for both vegetative and mineral materials. In this request, the BLM seeks approval to use one form for vegetative materials, and a different form for mineral materials. The regulations that govern the permitting of vegetative and mineral materials are substantially different and therefore warrant development of a permit form for each material.

The BLM grants free use of vegetative and mineral materials on public lands in accordance with the following authorities:

• The Nonsale Disposal Act of June 3, 1878, as amended (16 U.S.C. 604-606);

• The Act of March 3, 1891, as amended (16 U.S.C. 607);

• The Nonsale Disposal Act of May 14, 1898, as amended (16 U.S.C. 607a); The Materials Act of 1947, as amended (30 U.S.C. 601 and 602); and

• The Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 1732).

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 Bureau of Land Management (BLM) collects information from applicants for free use permits for vegetative or mineral materials in order to: (1) determine whether the applicant is eligible for free use, (2) determine whether the vegetative or mineral materials at issue qualify for free use; (3) determine whether free use is consistent with pertinent land use plans and authorities; and; (4) monitor the authorized removal and uses of vegetative and mineral materials to ensure sustainable resource management and verify that the actual use is consistent with the authorization.

At present, the BLM uses the same form for free use of both vegetative and mineral materials. In this request, the BLM seeks approval to use two forms: one for vegetative materials, and a different form for mineral materials.

Vegetative Materials

The BLM may issue permits for free use of timber to a Federal or State agency, unit, or subdivision, including a municipality; to a nonprofit organization; or to mining claimants. 43 CFR 5511.3-6, 5511.3-7, and 5511.3-8. In proposed Form 5510-1, Free Use Application and permit for Vegetative Material, the initial blocks are for Permit Number, Expiration Date, and the pertinent BLM District. The BLM will fill in these blocks.

The BLM will require the applicant to provide the following specific information:

 Name and address of the applicant. The BLM needs this information so that it can communicate with the applicant.

 Kind of material requested. The BLM needs this information because the kind of timber that may be cut is limited in order to protect timber and undergrowth, taking into account the nature of the topography, soil, and forest. 43 CFR 5511.1-1(b).

 Estimated quantity of material requested. The BLM needs this information because the area of land to be cut over shall be limited to embrace only so much land as is necessary to produce the quantity of timber applied for. 43 CFR 5511.1-1(c).

 Location of timber that is proposed for free use (i.e., legal land description, State, and County). The BLM needs this information because in part because free use of timber from public lands is limited to the following:

1. Mineral lands, unoccupied and unreserved and not subject to entry under existing laws of the United States, except for mineral entry, in the States of Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, North Dakota, South Dakota, Utah and Wyoming (43 CFR 5511.1-1(a)(1)); and

2. Nonmineral, unoccupied, and unreserved public lands in the States mentioned in “A” (above) and also in the States of California, Oregon, and Washington (43 5511.1-1(a)(1)).

In addition, free use may be authorized only on as much land as is necessary to produce the quantity of timber that the applicant requests. 43 CFR 5511.1-1(c). Finally, timber may not be exported from the State in which it is cut, except as provided at 43 CFR 5511.1-1(e)(1) through 5511.1-1(e)(6). The exceptions are narrow, allow exportation of timber only from specified areas of certain States to specific out-of-State locations, and some of the exceptions limit who may cut the timber (e.g., “citizens of Bear Lake County, Idaho”).

 Proposed use of the material. The BLM needs this information because timber may be cut under an approved free use permit only when such timber is actually needed for firewood, fencing, building, or other agricultural, mining, manufacturing, and domestic purposes. In addition, timber may not be exported from the State in which it is cut except as provided at 43 CFR 5511.1-1(e)(1) through 5511.1-1(e)(6).

The remainder of the form consists of a certification that entails no burden other than that necessary to identify the respondents, the date, and the nature of the instrument.

Mineral Materials

The BLM may issue a free use permit for mineral materials to a Federal, State, territorial, or municipal government, or to a non-profit organization. In proposed Form 3604-1, Free Use Application and Permit for Mineral Material, the initial blocks are for the pertinent BLM Field Office and the BLM Case Serial Number. The BLM will fill in these blocks.

The BLM will require the applicant to provide following specific information:

 Name, address, email address, and telephone number of the applicant. The BLM needs this information so that it can communicate with the applicant.

 Kind of material requested. As defined at 43 CFR 3601.5, the term “mineral materials” means, but is not limited to, petrified wood and common varieties of sand, stone, gravel, pumice, pumicite, cinders, and clay. The BLM needs this information in order to determine whether or not it is detrimental to the public interest to make the requested material available for free use (see 43 CFR 3601.6(a).

 Quantity of material requested. The BLM needs this information in order to determine whether or not it is detrimental to the public interest to make the requested material available for free use (see 43 CFR 3601.6(a). In addition, the BLM needs this information because it may not issue free use permits for mineral material to a non-profit organization for more than 5,000 cubic yards (or weight equivalent) in any period of 12 consecutive months. 43 CFR 3604.12(b). The BLM may issue free use permits to a governmental entity without limitation as to the number of permits or as to the value of the mineral materials to be extracted or removed. 43 CFR 3604.12(a). Persons may collect limited quantities of petrified wood consistent with the preservation of significant deposits as a public recreational resource; no application or permit for free use of petrified wood is required except for specimens over 250 pounds. 43 CFR 3622.1 and 3622.2.

 Requested permit term. The BLM needs this information in order to determine the appropriate length of a free use permit term, but will not grant free use permits for mineral material to governmental entities for terms exceeding 10 years and will not grant such permits to non-profit organizations for terms exceeding one year. However, the BLM may extend any free use permit term to a single additional period not to exceed one year. 43 CFR 3604.21.

 Proposed use of the material. The BLM needs this information in order to determine whether or not the applicant will use the material for commercial or industrial purposes. These purposes are prohibited under 43 CFR 3604.12(a) and (b) and 3622.1(a).

 Legal land description for proposed source area. The BLM needs this information in order to determine whether or not it is detrimental to the public interest to make the requested mineral material available for free use (see 43 CFR 3601.6(a). For petrified wood, the BLM needs this information because free use areas may be modified or cancelled by notices published in the Federal Register. 43 CFR 3622.3.

The remainder of the form consists of a certification that entails no burden other than that necessary to identify the respondents, the date, and the nature of the instrument.

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.

The form currently approved under this control number is electronically available to the public in fillable, printable format on BLM’s Forms Web site at: http://www.blm.gov/noc/st/en/business/eForms.html. Upon approval of the two forms that are included in this request, the BLM plans to make them both available at that Web site. In the electronic format, a respondent who chooses to submit either of the two proposed forms electronically will be able to do so by scanning and then emailing it to the appropriate BLM office.

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.

There is no duplication of this information with other programs. This information is unique to each applicant and cannot be obtained from another source.

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

We limit the required information to the minimum necessary to maintain a complete and accurate record of who removes mineral and vegetative materials available for free use from the public lands.

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.

If the BLM did not collect the information, it would fail to meet statutory responsibilities to:

(a) Determine who removes mineral and vegetative materials from the public lands;

(b) Know how these mineral and vegetative materials are used;

(c) Know if these mineral and vegetative materials were used properly; and

(d) Manage, monitor, and assess the impacts of the disposal of mineral and vegetative materials.

For these reasons, the BLM cannot collect the information less frequently.

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

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

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

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

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

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

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

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

* 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.

There are no special circumstances that require the collection to be conducted in a manner inconsistent with the guidelines. We do not exceed the guidelines in 5 CFR 1320.5

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

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every three 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.

On January 31, 2013, the BLM published the required 60-day notice in the Federal Register (78 FR 6830), and the comment period ended April 1, 2013. The BLM received no comments.

We consulted with the following respondents to solicit comments on the burden hour and cost estimates, availability of data, frequency of collection, and clarity of the instructions. The burden estimates in Question 12 reflect these respondents’ input.

Tom B. Esperance

546-025 Kaufenberg Rd.

McArthur, CA. 96056

Gail Miller

18450 HWY 89

Hat Creek, CA 96040

Ross A. Shadduck

21558 Rising Court

Cassel, CA 96013

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

We do not provide payments or gifts to the respondents.

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

The respondents’ confidentiality is protected to the extent consistent with the Freedom of Information Act (5 U.S.C. 552).

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

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.

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

12. Provide estimates of the hour burden of the collection of information. The statement should:

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

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

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

We estimate a total of 410 responses annually, 246 burden hours, and $5,565 in hour-related burden costs for respondents. These estimated burdens are itemized in the tables shown below.

Hourly Cost Calculations: Vegetative Material

Table 12-1, below, shows our estimate of the hourly cost burdens for Federal, State, and Local Governments. These were determined using Bureau of Labor Statistics data at: http://www.bls.gov/oes/current/naics3_999000.htm. The benefits multiplier of 1.5 is implied by data at: http://www.bls.gov/news.release/pdf/ecec.pdf.

Table 12-1

Hourly Calculation  Federal, State, and Local Governments

A. Position and BLS Occupational Code	B. Hourly Pay Rate ($/hour)	C. Hourly Rate with Benefits (Column B x 1.5)
Farming, Fishing, and Forestry Occupations 45-0000	$18.29	$27.44

Table 12-2, below, shows our estimate of the hourly cost burdens for nonprofit organizations. These burdens were determined using national Bureau of Labor Statistics data at: http://www.bls.gov/oes/current/oes_nat.htm. The benefits multiplier of 1.4 is supported by data at: http://www.bls.gov/news.release/pdf/ecec.pdf.

Table 12-2

Hourly Calculation  Nonprofit Organizations

A. Position and BLS Occupational Code	B. Hourly Pay Rate ($/hour)	C. Hourly Rate with Benefits (Column B x 1.4)
Farming, Fishing, and Forestry Occupations 45-0000	$11.65	$16.31

Table 12-3, below, shows our estimate of the hourly cost burdens for mining claimants. These burdens were determined using national Bureau of Labor Statistics data at: http://www.bls.gov/oes/current/oes_nat.htm. The benefits multiplier of 1.4 is supported by data at: http://www.bls.gov/news.release/pdf/ecec.pdf.

Table 12-3

Hourly Calculation Mining Claimants

A. Position and BLS Occupational Code	B. Hourly Pay Rate ($/hour)	C. Hourly Rate with Benefits (Column B x 1.4)
Extraction Workers 47-5099	$19.09	$26.73

Estimates of Hour and Cost Burdens: Vegetative Material

The itemized hour and cost burdens for respondents, shown in Tables 12-4 through 12-6 (below), include time spent researching, preparing, and submitting information. The derivation of the weighted average hourly wage associated with these information collections is shown at Tables 12-1 through 12-3, above. The frequency of response for each of the information collections is “on occasion.”

Table 12-4

Estimates of Annual Hour and Cost Burdens  Federal, State, and Local Governments

A. Type of Response	B. Number of Responses	C. Time Per Response	D. Total Hours (Column B x Column C)	E. Total Wage Cost (Column D x $27.44)
Form 5510-1 Free Use Application and Permit for Vegetative Material (Federal, State, or Local Governments)	83	30 minutes	42	$1,152

Table 12-5

Estimates of Annual Hour and Cost Burdens  Nonprofit Organizations

A. Type of Response	B. Number of Responses	C. Time Per Response	D. Total Hours (Column B x Column C)	E. Total Wage Cost (Column D x $16.31)
Form 5510-1 Free Use Application and Permit for Vegetative Material (Nonprofit Organizations)	83	30 minutes	42	$685

Table 12-6

Estimates of Annual Hour and Cost Burdens  Mining Claimants

A. Type of Response	B. Number of Responses	C. Time Per Response	D. Total Hours (Column B x Column C)	E. Total Wage Cost (Column D x $26.73)
Form 5510-1 Free Use Application and Permit for Vegetative Material (Mining Claimants)	84	30 minutes	42	$1,123

Hourly Cost Calculations: Mineral Material

Table 12-7, below, shows our estimate of the hourly cost burdens for Federal, State, and Local Governments. These were determined using Bureau of Labor Statistics data at: http://www.bls.gov/oes/current/naics3_999000.htm. The benefits multiplier of 1.5 is implied by data at: http://www.bls.gov/news.release/pdf/ecec.pdf.

Table 12-7

Hourly Calculation  Federal, State, and Local Governments

A. Position and BLS Occupational Code	B. Hourly Pay Rate ($/hour)	C. Hourly Rate with Benefits (Column B x 1.5)
Farming, Fishing, and Forestry Occupations 45-0000	$18.29	$27.44

Table 12-8, below, shows our estimate of the hourly cost burdens for nonprofit organizations. These burdens were determined using national Bureau of Labor Statistics data at: http://www.bls.gov/oes/current/oes_nat.htm. The benefits multiplier of 1.4 is supported by data at: http://www.bls.gov/news.release/pdf/ecec.pdf.

Table 12-8

Hourly Calculation  Nonprofit Organizations

A. Position and BLS Occupational Code	B. Hourly Pay Rate ($/hour)	C. Hourly Rate with Benefits (Column B x 1.4)
Farming, Fishing, and Forestry Occupations 45-0000	$11.65	$16.31

Estimates of Hour and Cost Burdens: Mineral Material

The itemized hour and cost burdens for respondents, shown in Tables 12-9 and 12-10 (below), include time spent researching, preparing, and submitting information. The derivation of the weighted average hourly wage associated with these information collections is shown at Tables 12-7 and 12-8, above. The frequency of response for each of the information collections is “on occasion.”

Table 12-9

Estimates of Annual Hour and Cost Burdens  Federal, State, and Local Governments

A. Type of Response	B. Number of Responses	C. Time Per Response	D. Total Hours (Column B x Column C)	E. Total Wage Cost (Column D x $27.44)
Form 3604-1 Free Use Application and Permit for Mineral Material (Federal, State, or Local Governments)	80	45 minutes	60	$1,647

Table 12-10

Estimates of Annual Hour and Cost Burdens  Nonprofit Organizations

A. Type of Response	B. Number of Responses	C. Time Per Response	D. Total Hours (Column B x Column C)	E. Total Wage Cost (Column D x $16.31)
Form 3604-1 Free Use Application and Permit for Mineral Material (Nonprofit Organizations)	80	45 minutes	60	$979

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 already reflected in item 12.)

* The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information (including filing fees paid for form processing). 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 non-hour burden estimate associated with this information collection. Applicants incur no annual capital or start-up costs, no recurring annual costs, and no fees in responding to this information collection.

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, 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.

The cost to the Federal Government consists of the time spent with the applicants assisting them in filling out the type and location of the materials and in giving instructions and answering questions. There is an additional cost of entering the material data into the appropriate data base.

The estimated hourly cost to the Federal Government is shown below in Table 14-1. The hourly wage shown in Table 14-1 is based on data at: http://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/#url=2013.

The benefits multiplier of 1.5 is implied by information at: http://www.bls.gov/news.release/ecec.nr0.htm.

Table 14-1 – Federal Wage Cost

A. Pay Grade	B. Hourly Pay Rate ($/hour)	C. Hourly Rate with Benefits (Column B x 1.5)	D. Percent of time spent on these collections	E. Weighted Average Hourly Cost (Column C x Column D)
GS-7, Step 5	$18.45	$27.68	50%	$13.84
GS-12, Step 5	$32.73	$49.11	50%	$24.56
Weighted Average Hourly Pay Rate ($/hour) $38.40

Table 14-2, below, shows the estimated, annualized Federal costs for each component of this information collection. The estimated time spent to process the information collections is based on the BLM's experience. The weighted average hourly wage associated with these information collections is shown at Table 14-1, above.

Table 14-2 – Estimated Annual Cost to the Government

A. Type of Response and 43 CFR Citation	B. Number of Responses	C. Time per response	D. Total Hours (Column B x Column C)	E. Total Wage Cost ($38.40 x Column D)
Form 5510-1 Free Use Application and Permit for Vegetative Material (Federal, State, or Local Governments)	83	30 minutes	41.5	$1,594
Form 5510-1 Free Use Application and Permit for Vegetative Material (Nonprofit Organizations)	83	30 minutes	41.5	$1,594
Form 5510-1 Free Use Application and Permit for Vegetative Material (Mining Claimants)	84	30 minutes	42	$1,613
Form 3604-1 Free Use Application and Permit for Mineral Material (Federal, State, or Local Governments)	80	30 minutes	40	$3,072
Form 3604-1 Free Use Application and Permit for Mineral Material (Nonprofit Organizations)	80	30 minutes	40	$3,072
Totals	410		205	$10,945

15. Explain the reasons for any program changes or adjustments in hour or cost burden.

This request includes the following program changes:

1. Form 5510, which the BLM has used for free use of both vegetative and mineral materials, has been removed. It has been replaced with Form 5510-1, Free Use Application and Permit for Vegetative Material; and Form 3604-1, Free Use Application and Permit for Mineral Material.

2. The collection for vegetative material has been separated to show that this information is collected from three categories of respondents: Federal, State, or Local Governments; Nonprofit Organizations; and Mining Claimants. The previous request erroneously did not distinguish among these three categories of respondents.

3. The collection for mineral material has been separated to show that this information is collected from two categories of respondents: Federal, State, or Local Governments; and Nonprofit Organizations. The previous request erroneously did not distinguish between these two categories of respondents.

This request also includes adjustments of the estimated number of responses annually (from 476 to 410), and the estimated number of burden hours (from 238 to 246). These adjustments reflect the BLM’s recent experience with this collection.

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.

We have no plans to publish the information in this collection.

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

We will display the expiration date of the OMB approval.

18. Explain each exception to the topics of the certification statement identified in "Certification for Paperwork Reduction Act Submissions."

There are no exceptions to the certification statement.