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 BLMâs 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 BLMâs 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 âGeneral Descriptionâ 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 âapplication filing feeâ 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 âpreliminary application review meetingsâ that will be held after an application for a large-scale right-of-way has been filed with the BLM. The âapplication filing feeâ does not apply to the meetings that are required under the final rule.
The second adjustment is that the âPlan of Developmentâ 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)