The Bureau of Land Management (BLM) is
finalizing a rule that amends existing rights-of-way regulations,
primarily in order to encourage solar and wind energy development.
In addition, the rule amends regulations pertaining to electric
transmission lines with a capacity of 100 Kilovolts or more, and
includes technical amendments and corrections to 43 CFR Parts 2800
and 2880. Some of the collection activities in the final rule
require the use of Standard Form 299 (SF-299), Application for
Transportation and Utility Systems and Facilities on Federal Lands.
OMB has approved SF-299 and has assigned control number 0596-0082
to that form. That control number is administered by the U.S.
Forest Service.
US Code:
43 USC 1701(a)(9) Name of Law: Section 102(a)(9) of the Federal
Land Policy and Management Act
US Code: 30
USC 185 Name of Law: Section 28 of the Mineral Leasing Act
PL:
Pub.L. 109 - 58 211 Name of Law: Energy Policy Act of 2005
US Code: 43
USC 1734 Name of Law: Section 304 of the Federal Land Policy
and Management Act
US Code:
43 USC 1761 - 1771 Name of Law: Subchapter V of the Federal
Land Policy and Management Act
The BLM estimates this rule
will result in annual program changes of 3,042 responses and 47,112
hours. These changes are necessary in order to: • Facilitate
competitive processes for certain types of rights-of-way; • Assist
in timely processing of applications for solar and wind energy
rights-of-way; • Defray the BLM’s expenses in processing
applications; and • Discourage speculation. There is one program
change due to revisions of the proposed rule. In the proposed rule,
a new requirement would have applied to applications for pipelines
10 inches or more in diameter. That requirement (General
Description of Proposed Oil or Gas Pipeline 10 inches or More in
Diameter and Schedule for Submittal of Plan of Development) was
based on the rationale that pipelines, like solar and wind energy
projects, would be large-scale projects. Some commenters questioned
the BLM’s description of pipelines 10 inches or greater in diameter
as a measure for large-scale pipeline projects, and suggested that
the scale of pipeline projects is better measured by acreage than
pipeline diameter. The BLM agrees, and has decided to remove
10-inch pipelines from the final rule. Thus, the “General
Description” information collection activity is not part of the
final rule. In addition, there are two adjustments due to revisions
of the proposed rule. As explained above, the proposed rule would
have required pre-application meetings and an “application filing
fee” would have been among the non-hour burdens for that
requirement. In response to comments, the BLM revised the proposed
rule. Instead of pre-application meetings, the final rule requires
“preliminary application review meetings” that will be held after
an application for a large-scale right-of-way has been filed with
the BLM. The “application filing fee” does not apply to the
meetings that are required under the final rule. The second
adjustment is that the “Plan of Development” activity development
leases has been combined into a single activity for both solar and
wind energy. In the proposed rule, the activity for solar energy
leases was presented separately from the activity for wind energy
leases. The BLM on its own initiative determined that this
separation is not necessary.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Request to Assign a Solar or Wind Energy Developemnt Right-of-Way (43 CFR 2807.21)