Wind and Solar Supporting Statement 11 10 2016

Supporting Statement A

Competitive Processes, Terms, and Conditions for Leasing Public Lands for Solar and Wind Energy Development (43 CFR Parts 2800 and 2880)

OMB Control Number 1004-0206

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) is promulgating a rule that would amend existing rights-of-way regulations, primarily in order to encourage solar and wind energy development. In addition, the rule will amend regulations pertaining to electric transmission lines with a capacity of 100 Kilovolts (kV) or more.

The following provisions necessitate the information collection activities in the final rule:

• Subchapter V of the Federal Land Policy and Management Act (FLPMA) (43 U.S.C. 1761-1771) authorizes the BLM to issue rights-of-way on public lands for electric generation systems (including solar and wind energy generation systems); requires the BLM to prescribe certain terms and conditions; and requires the holder of a right-of-way to pay in advance the fair market value thereof, as determined by the Secretary;

• Section 102(a)(9) of FLPMA (43 U.S.C. 1701(a)(9)) establishes a Federal policy of receiving fair market value for the use of the public lands and their resources;

• Section 304 of FLPMA (43 U.S.C. 1734) authorizes the BLM to establish reasonable filing and service fees and reasonable charges, and commission with respect to applications and other documents relating to the public lands, and to change and abolish such fees, charges, and commissions;

• Section 28 of the Mineral Leasing Act (30 U.S.C. 185) authorizes the BLM to issue rights-of-way on public lands for oil, natural gas, and other pipelines, and requires the BLM to prescribe certain terms and conditions.

• Section 211 of the Energy Policy Act of 2005 () (hereinafter EPAct) includes a provision encouraging the Secretary of the Interior (Secretary) to approve non-hydropower renewable energy projects (solar, wind, and geothermal) on public lands with a total combined generation capacity of at least 10,000 megawatts (MW) of electricity by 2015. See Section 211, Public Law 109-58, 119 Stat. 660 (2005);

• Secretarial Order No. 3283 (January 16, 2009) clarifies Departmental roles and responsibilities to accomplish the goal set in the EPAct and increase renewable energy development on public lands;

• Secretarial Order No. 3285 (March 11, 2009) describes the need for strategic planning and a balanced approach to domestic resource development;

• Secretarial Order 3285A1 (February 2010), establishes the development of renewable energy on public lands as one of the Department’s highest priorities; and

• The President’s Climate Action Plan (June 25, 2013) sets a new goal for the Department to approve a renewable energy capacity of at least 20,000 MW of electricity on public lands by 2020.

The BLM’s existing rights-of-way regulations are at 43 CFR Parts 2800 and 2880. Part 2800 pertains to rights-of-way for various types of facilities (including facilities for electric generation, electric transmission, and non-oil and gas pipelines) issued under the authority of the Federal Land Policy and Management Act (FLPMA). Part 2880 pertains to rights-of-way for facilities (including oil and gas pipelines) issued under the authority of the Mineral Leasing Act (MLA).

Regulations at 43 CFR Part 2800 require the use of Standard Form 299 (SF-299), Application for Transportation and Utility Systems and Facilities on Federal Lands, for most applications for rights-of-way. OMB has approved the requirements associated SF-299 and has assigned control number 0596-0082 (expiration date: January 31, 2017) to those requirements. That control number is administered by the U.S. Forest Service. Some of the collection activities in the final rule require respondents to submit information on SF-299.

In contrast, Part 2880 allows, but does not require, the use of SF-299 to apply for rights-of-way for facilities (including oil and gas pipelines) issued under the authority of Section 28 of the Mineral Leasing Act (MLA) (30 U.S.C. 185). In accordance with 43 CFR 2884.11, applicants for these categories of rights-of-way may use SF-299, or they may apply for these rights-of-way as part of an Application for Permit to Drill or Reenter (BLM Form 3160-3) or as part of a Sundry Notice and Report on Wells (BLM Form 3160-5). BLM Forms 3160-3 and 3160-5 are authorized by control number 1004-0137.

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.

Some of the information collection activities require the use of Standard Form 299 (SF-299), Application for Transportation and Utility Systems and Facilities on Federal Lands. SF-299 is approved for use by the BLM and other Federal agencies under control number 0596-0082 (expires January 31, 2017). The U.S. Forest Service administers control number 0596-0082. We have provided updated respondent and burden estimates to the U.S. Forest Service for inclusion in OMB Control Number: 0596-0082.

The information collection activities in the final rule are discussed below.

Application for a Solar or Wind Energy Development Project Outside Any Designated Leasing Area (43 CFR 2804.12, 2804.25(c), 2804.26(a)(5), and 2804.30(g)); and

Application for an Electric Transmission Line with a Capacity of 100 kV or More

(43 CFR 2804.12, 2804.25(c), and 2804.26(a)(5))

New requirements at 2804.12(b) apply to the following types of applications:

• Solar and wind energy development grants outside any designated leasing area; and

• Electric transmission lines with a capacity of 100 kV or more.

Section 2804.30(g) authorizes only one applicant (i.e., a “preferred applicant”) to apply for a solar or wind energy development grant for land outside any designated leasing area.

Section 2804.12(b) includes the following requirements for applications for a solar or wind energy development project outside a designated leasing area, and for applications for a transmission line project with a capacity of 100 kV or more:

• A discussion of all known potential resource conflicts with sensitive resources and values, including special designations or protections; and

• Applicant-proposed measures to avoid, minimize, and compensate for such resource conflicts, if any.

Section 2804.12(b) also requires applicants to initiate early discussions with any grazing permittees that may be affected by the proposed project. This requirement stems from FLPMA Section 402(g) (43 U.S.C. 1752(g)) and a BLM grazing regulation (43 CFR 4110.4-2(b)) that require 2 years’ prior notice to grazing permittees and lessees before cancellation of their grazing privileges.

In addition to the information listed at 43 CFR 2804.12(b), an application for a solar or wind project, or for a transmission line of at least 100 kV, must include the information listed at 43 CFR 2804.12(a)(1) through (a)(7).

Section 2804.25 continues to provide that the BLM will notify an applicant upon receipt of an application, and may require the applicant to submit additional information necessary to process the application (such as a POD or cultural resource surveys). As amended, 2084.25(c) provides that, for solar or wind energy development projects, and transmission lines with a capacity of 100 kV or more, the applicant must commence any required resource surveys or inventories within one year of the request date, unless otherwise specified by the BLM. The amended regulation also authorizes an applicant to submit a request for an alternative requirement by showing good cause under 43 CFR 2804.40.

Applications for solar or wind energy development outside any designated leasing area, but not applications for large-scale transmission lines, are subject to a requirement (at 43 CFR 2804.12(c)(2)) to submit an “application filing fee” of $15 per acre. As defined in an amendment to section 2801.5, an application filing fee is specific to solar and wind energy right-of-way applications. Section 2804.30(e)(4) provides that the BLM will refund the fee, except for the reasonable costs incurred on behalf of the applicant, if the applicant is not a successful bidder in the competitive process outlined in subpart 2804.

Section 2804.26(a)(5) continues to provide that the BLM may deny an application for a right-of-way grant if the applicant does not have or cannot demonstrate the technical or financial capability to construct the project or operate facilities within the right-of-way. Amendments to that provision list the following ways an applicant may demonstrate their financial and technical capability to construct, operate, maintain, and terminate a project:

• Documenting any previous successful experience in construction, operation, and maintenance of similar facilities on either public or non-public lands;

• Providing information on the availability of sufficient capitalization to carry out development, including the preliminary study stage of the project and the environmental review and clearance process; or

• Providing written copies of conditional commitments of Federal and other loan guarantees; confirmed power purchase agreements; engineering, procurement, and construction contracts; and supply contracts with credible third-party vendors for the manufacture or supply of key components for the project facilities.

General Description of a Proposed Project and Schedule for Submittal of a Plan of Development

(43 CFR 2804.12(b)(1) and (b)(2))

Paragraph 2804.12(b)(1) and (b)(2) require applicants for a solar or wind development project outside a designated leasing area to submit the following information, using Form SF-299:

• A general description of the proposed project and a schedule for the submission of a Plan of Development (POD) conforming to the POD template at http://www.blm.gov;

• A discussion of all known potential resource conflicts with sensitive resources and values, including special designations or protections; and

• Proposals to avoid, minimize, and compensate for such resource conflicts, if any.

Preliminary Application Review Meetings for a Large-Scale Right-of-Way

(43 CFR 2804.12(b)(4))

“Preliminary application review meetings” will be held after an application for a large-scale right-of-way has been filed with the BLM.

Within six months from the time the BLM receives the cost recovery fee for an application for a large-scale project (i.e., for solar or wind energy development outside a designated leasing area or for a transmission line with a capacity of 100 kV or more), the applicant must schedule and hold at least two preliminary application review meetings.

In the first meeting, the BLM will collect information from the applicant to supplement the application on subjects such as the general project proposal. The BLM will also discuss with the applicant subjects such as the status of BLM land use planning for the lands involved, potential siting issues or concerns, potential environmental issues or concerns, potential alternative site locations, and the right-of-way application process.

In the second meeting, the applicant and the BLM will meet with appropriate Federal and State agencies and tribal and local governments to facilitate coordination of potential environmental and siting issues and concerns.

The applicant and the BLM may agree to hold additional preliminary application review meetings.

Application for an Energy Site-Specific Testing Grant

(43 CFR 2804.12(a), 2804.30(g) and 2809.19(d)))

Application for an Energy Project-Area Testing Grant

(43 CFR 2804.12(a), 2804.30(g), and 2809.19(d)); and

Application for a Short-Term Grant (43 CFR 2804.12(a) and 2809.19(d))

Section 2804.12(a) addresses the general requirements of an application for a FLPMA right-of-way grant. Section 2804.30(g) authorizes only one applicant (i.e., a “preferred applicant”) to apply for an energy project-area testing grant or an energy site-specific testing grant for land outside any designated leasing area. Section 2809.19(d) authorizes only one applicant (i.e., the successful bidder in the competitive process outlined at 43 CFR subpart 2809) to apply for an energy project-area testing grant, an energy site-specific testing grant, or a short-term grant for land inside a designated leasing area.

Each of these grants is for three years or less, in accordance with new section 2805.11(b)(2). All of these applications must be submitted on SF-299. Applications for project-area grants (but not site-specific grants) are subject to a $2 per-acre application filing fee in accordance with section 2804.12(c)(2). Applicants for short-term grants for other purposes (such as geotechnical testing and temporary land-disturbing activities) are subject to a processing fee in accordance with section 2804.1.

Application for Renewal of an Energy Project-Area Testing Grant or Other Short-Term Grant

(43 CFR 2805.11(b)(2(ii), 2805.14(h), and 2807.22)

Section 2805.11(b)(2)(ii), as amended, provides that holders of energy project-area testing grants may seek renewal of those grants. The initial term for such a grant is three years or less, with the option to renew for one additional three-year period.

For other short-term grants, such as for geotechnical testing and temporary land-disturbing activities, the initial term is three years or less. As explained in the preamble of the final rule (under the heading “Section 2805.11 What does a grant contain?”), short-term grants include an option for renewal.

Section 2805.14(h) provides that applications to renew an energy project-area testing grant must include an energy development application submitted in accordance with section 2801.9(d)(2). Processing fees in accordance with section 2804.14, as amended, apply to these renewal applications.

Section 2807.22 provides that an application for renewal of any right-of-way grant or lease, including an energy project-area testing grant or a short-term grant, must be submitted at least 120 calendar days before the grant or lease expires. The application must show that the grantee or lessee is in compliance with the renewal terms and conditions (if any), with the other terms, conditions, and stipulations of the grant or lease, and with other applicable laws and regulations. The application also must explain why a renewal of the grant or lease is necessary.

Showing of Good Cause (43 CFR 2804.40 and 2805.12)

Under 43 CFR 2804.40, an applicant for a FLPMA right-of-way grant who is unable to meet any of the requirements in 43 subpart 2804 may request approval for an alternative requirement from the BLM. Any such request is not approved until the applicant receives BLM approval in writing. This type of request to the BLM must:

(a) Show good cause for the applicant’s inability to meet a requirement;

(b) Suggest an alternative requirement and explain why that requirement is appropriate; and

(c) Be received in writing by the BLM in a timely manner, before the deadline to meet a particular requirement has passed.

The BLM will use the information to determine whether or not to apply an alternative requirement.

Other showings of good cause are authorized or may be required by 43 CFR 2805.12, which requires due diligence in development of any right-of-way grant or lease. In accordance with section 2805.12(c)(6), the BLM will notify the holder before suspending or terminating a right-of-way for lack of due diligence. This notice will provide the holder with a reasonable opportunity to correct any noncompliance or to start or resume use of the right-of-way. A showing of good cause will be required in response. That showing must include:

• Reasonable justification for any delays in construction (for example, delays in equipment delivery, legal challenges, and acts of God);

• The anticipated date for the completion of construction and evidence of progress toward the start or resumption of construction; and

• A request for extension of the timelines in the approved POD.

Section 2805.12(e), as amended, applies as soon as a right-of-way holder anticipates noncompliance with stipulation, term, or condition of the approved right-of-way grant or lease, or in the event of noncompliance with any such stipulation, term, or condition. In these circumstances, the holder must notify the BLM in writing and show good cause for the noncompliance, including an explanation of the reasons for the noncompliance.

In addition, the holder may request that the BLM consider alternative stipulations, terms, or conditions. Any request for an alternative stipulation, term, or condition must comply with applicable law in order to be considered. Any proposed alternative to applicable bonding requirements must provide the United States with adequate financial assurance for potential liabilities associated with the right-of-way grant or lease. Any such request is not approved until the holder receives BLM approval in writing.

Bonding Requirements

(43 CFR 2805.20)

Section 2805.20 provides bonding requirements for all grant holders or lessees. These provisions are moved from existing section 2805.12. Under the previous regulations, bonds are required only at the BLM’s discretion. This expanded section explains the details of when a bond is required and what the bond must cover. This is not a change from existing practice and is intended to provide clarity to the public.

New section 2805.20 provides that the bond amount for projects other than a solar or wind energy lease under subpart 2809 (i.e., inside a designated leasing area) will be determined based on the preparation of a reclamation cost estimate that includes the cost to the BLM to administer a reclamation contract and review it periodically for adequacy.

New section 2805.20(a)(5) provides that the reclamation cost estimate must include at minimum:

• Remediation of environmental liabilities such as use of hazardous materials waste and hazardous substances, herbicide use, the use of petroleum-based fluids, and dust control or soil stabilization materials;

• The decommissioning, removal, and proper disposal, as appropriate, of any improvements and facilities; and

• Interim and final reclamation, re-vegetation, recontouring, and soil stabilization.

Section 2805.20(b) and 2805.20(c) identify specific bond requirements for solar and wind energy development respectively outside of DLAs. A holder of a solar or wind energy grant outside of a DLA will be required to submit a reclamation cost estimate to help the BLM determine the bond amount. For solar energy development grants outside of DLAs, the bond amount will be no less than $10,000 per acre. For wind energy development grants outside of DLAs, the bond amount will be no less than $10,000 per authorized turbine with a nameplate generating capacity of less than one MW, and no less than $20,000 per authorized turbine with a nameplate generating capacity of one MW or greater.

Section 2805.20(d) separates site- and project-area testing authorization bond requirements from section 2805.20(c). Meteorological and other instrumentation facilities are required to be bonded at no less than $2,000 per location. These bond amounts are the same as standard bond amounts for leases required under section 2809.18(e)(3).

Request to Assign a Solar or Wind Energy Development Right-of-Way (43 CFR 2807.21)

Section 2807.21, as amended, provides for assignment, in whole or in part, of any right or interest in a grant or lease for a solar or wind development right-of-way. Actions that may require an assignment include the transfer by the holder (assignor) of any right or interest in the grant or lease to a third party (assignee) or any change in control transaction involving the grant holder or lease holder, including corporate mergers or acquisitions.

The proposed assignee must file an assignment application, using SF-299, and pay application and processing fees. No preliminary application review meetings and or public meetings are required.

The assignment application must include:

• Documentation that the assignor agrees to the assignment; and

• A signed statement that the proposed assignee agrees to comply with and be bound by the terms and conditions of the grant that is being assigned and all applicable laws and regulations.

Environmental, Technical, and Financial Records, Reports, and Other Information

(43 CFR 2805.12(a)(15))

Section 2805.12(a)(15) authorizes the BLM to require a holder of any type of right-of-way to provide, or give the BLM access to, any pertinent environmental, technical, and financial records, reports, and other information. The use of SF-299 is required. The BLM will use the information for monitoring and inspection activities.

Application for Renewal of a Solar or Wind Energy Development Grant or Lease

(43 CFR 2805.14(g) and 2807.22)

New section 2805.14(g) provides that a holder of a solar or wind energy development grant or lease may apply for renewal of that grant or lease in accordance with section 2807.22, as amended in the final rule.

Before section 2807.22 was amended, it applied only to renewals of grants. Amendments in the final rule expand the scope of the regulation to include renewals of both grants and leases.

Before section 2807.22 was amended, it provided that an application to renew a grant must include the same information, on SF-299, that is necessary for a new application. It also provided that processing fees, in accordance with 43 CFR 2804.14, as amended, will apply to these renewal applications. These requirements, at section 2807.22(c), remain in effect.

Section 2807.22(a) and (b), as amended, provide that an application for renewal of any right-of-way grant or lease, including a solar or wind energy development grant or lease, must be submitted at least 120 calendar days before the grant or lease expires. The application must show that the grantee or lessee is in compliance with the renewal terms and conditions (if any), with the other terms, conditions, and stipulations of the grant or lease, and with other applicable laws and regulations. The application also must explain why a renewal of the grant or lease is necessary.

Request for Amendment, Assignment, or Other Change (FLPMA)

(43 CFR 2807.11(b) and (d)) and 2807.21)

New section 2807.11(b) requires a holder of any type of right-of-way grant to contact the BLM, seek an amendment to the grant under section 2807.20 (a regulation that is not amended in this final rule), and obtain the BLM’s approval before beginning any activity that is a “substantial deviation” from what is authorized.

New section 2807.11(d) requires contact with the BLM, a request for an amendment to the pertinent right-of-way grant or lease, and prior approval whenever site-specific circumstances or conditions result in the need for changes to an approved right-of-way grant or lease, plan of development, site plan, mitigation measures, or construction, operation, or termination procedures that are not “substantial deviations.”

New section 2807.21 authorizes assignment of a grant or leased with the BLM’s approval. It also authorizes the BLM to require a grant or lease holder to file new or revised information in circumstances that include, but are not limited to:

• Transactions within the same corporate family;

• Changes in the holder’s name only; and

• Changes in the holder’s articles of incorporation.

A request for an amendment of a right-of-way, using SF-299, is required in cases of a substantial deviation (for example, a change in the boundaries of the right-of-way, major improvements not previously approved by the BLM, or a change in the use of the right-of-way). Other changes, such as changes in project materials, or changes in mitigation measures within the existing, approved right-of-way area, must be submitted to the BLM for review and approval. In order to assign a grant, the proposed assignee must file an assignment application and follow the same procedures and standards as for a new grant or lease, as well as pay application and processing fees. In order to request a name change, the holder will be required to file an application and follow the same procedures and standards as for a new grant or lease and pay processing fees, but no application fee is required. The following documents are also required in the case of a name change:

• A copy of the court order or legal document effectuating the name change of an individual; or

• If the name change is for a corporation, a copy of the corporate resolution proposing and approving the name change, a copy of a document showing acceptance of the name change by the State in which incorporated, and a copy of the appropriate resolution, order, or other document showing the name change.

In all these cases, the BLM will use the information to monitor and inspect rights-of-way, and to maintain current data.

Nomination of a Parcel of Land Inside a Designated Leasing Area

(43 CFR 2809.11)

Sections 2809.10 and 2809.11 authorize the BLM to offer land competitively inside a designated leasing area for solar or wind energy development on its own initiative. These regulations also authorize the BLM to solicit nominations for such development. In order to nominate a parcel under this process, the nominator must be qualified to hold a right-of-way under 43 CFR 2803.10. After publication of a notice by the BLM, anyone meeting the qualifications may submit a nomination for a specific parcel of land to be developed for solar or wind energy. There is a fee of $5 per acre for each nomination. The following information is required:

• The nominator's name and personal or business address;

• The legal land description; and

• A map of the nominated lands.

The BLM will use the information to communicate with the nominator and to determine whether or not to proceed with a competitive offer.

Expression of Interest in Parcel of Land Inside a Designated Leasing Area

(43 CFR 2809.11(c))

Section 2809.11(c) authorizes the BLM to consider informal expressions of interest suggesting specific lands inside a designated leasing area to be included in a competitive offer. The expression of interest must include a description of the suggested lands and a rationale for their inclusion in a competitive offer. The information will assist the BLM in determining whether or not to proceed with a competitive offer.

Plan of Development for a Solar or Wind Energy Development Lease Inside a Designated Leasing Area

(43 CFR 2809.18)

Section 2809.l8(c) requires the holder of a solar or wind energy development lease for land inside a designated leasing area to submit a plan of development, using SF-299,within 2 years of the lease issuance date. The plan must address all pre-development and development activities. This collection activity is necessary to ensure diligent development.

This new provision will be a new use of Item # 7 of SF-299, which calls for the following information:

Project description (describe in detail): (a) Type of system or facility (e.g., canal, pipeline, road); (b) related structures and facilities; (c) physical specifications (length, width, grading, etc.); (d) term of years needed; (e) time of year of use or operation; (f) volume or amount of product to be transported; (g) duration and timing of construction; and (h) temporary work areas needed for construction.

This collection has been justified and authorized under control number 0596-0082. In addition, section 2809.18(c) provides that the minimum requirements for either a “Wind Energy Plan of Development” or “Solar Energy Plan of Development” can be found at a link to a template at www.blm.gov. To some extent, that template duplicates the information required by Item # 7 of SF-299. The following requirements do not duplicate the elements listed in SF-299:

• Financial Operations and maintenance. This information will assist the BLM in verifying the right-of-way holder’s compliance with terms and conditions regarding all aspects of operations and maintenance, including road maintenance and workplace safety;

• Environmental considerations. This information will assist the BLM in monitoring compliance with terms and conditions regarding mitigation measures and site-specific issues such as protection of sensitive species and avoidance of conflicts with recreation uses of nearby lands;

• Maps and drawings. This information will assist the BLM in monitoring compliance with all terms and conditions; and

• Supplementary information. This information, which will be required after submission of the holder’s initial POD, will assist the BLM in reviewing possible alternative designs and mitigation measures for a final POD.

Section 2809.18(d) requires the holder of a solar or wind energy development lease for land inside a designated leasing area to pay reasonable costs for the BLM or other Federal agencies to review and approve the plan of development and to monitor the lease. To expedite review and monitoring, the holder may notify BLM in writing of an intention to pay the full actual costs incurred by the BLM.

Request for Amendment, Assignment, or Other Change (MLA)

(43 CFR 2886.12(b) and (d) and 43 CFR 2887.11)

Sections 2886.12 and 2887.11 pertain to holders of rights-of-way and temporary use permits authorized under the Mineral Leasing Act (MLA). A temporary use permit authorizes a holder of a MLA right-of-way to use land temporarily in order to construct, operate, maintain, or terminate a pipeline, or for purposes of environmental protection or public safety. See 43 CFR 2881.12. The regulations require these holders to contact the BLM:

• Before engaging in any activity that is a “substantial deviation” from what is authorized;

• Whenever site-specific circumstances or conditions arise that result in the need for changes that are not substantial deviations;

• When the holder submits a certification of construction;

• Before assigning, in whole or in part, any right or interest in a grant or lease;

• Before any change in control transaction involving the grant- or lease- holder; and

• Before changing the name of a holder (i.e., when the name change is not the result of an underlying change in control of the right-of-way).

A request for an amendment of a right-of-way or temporary use permit is required in cases of a substantial deviation (e.g., a change in the boundaries of the right-of-way, major improvements not previously approved by the BLM, or a change in the use of the right-of-way). Other changes, such as changes in project materials, or changes in mitigation measures within the existing, approved right-of-way area, are required to be submitted to the BLM for review and approval. In order to assign a grant, the proposed assignee must file an assignment application and follow the same procedures and standards as for a new grant or lease, as well as pay processing fees. In order to request a name change, the holder will be required to file an application and follow the same procedures and standards as for a new grant or lease and pay processing fees, but no application fee is required. The following documents are also required in the case of a name change:

• A copy of the court order or legal document effectuating the name change of an individual; or

• If the name change is for a corporation, a copy of the corporate resolution proposing and approving the name change, a copy of a document showing acceptance of the name change by the State in which incorporated, and a copy of the appropriate resolution, order, or other document showing the name change.

The use of SF-299 is required. In all these cases, the BLM will use the information for monitoring and inspection purposes, and to maintain current data on rights-of-way.

Certification of Construction (43 CFR 2886.12(f))

A certification of construction is a document a holder of an MLA right-of-way must submit, using SF-299, to the BLM after finishing construction of a facility, but before operations begin. The BLM will use the information to verify that the holder has constructed and tested the facility to ensure that it complies with the terms of the right-of-way and is in accordance with applicable Federal and State laws and regulations.

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.

SF-299 is electronically available to the public in fillable, printable format at: http://www.gsa.gov/portal/forms/download/117318.

A respondent who chooses to submit that form electronically may do so by scanning and then emailing it to the appropriate BLM office. Some of the required non-form information may be scanned or emailed as well. However, electronic submission of some other required non-form information might not be feasible due to the nature of the information. For example, electronic filing is impossible for the preliminary application review meetings that are required by 43 CFR 2804.12(b)(4) after an application for a large-scale right-of-way has been filed with the BLM. Another example may be some of the non-form information, such as maps and drawings, that are required as part of a Plan of Development in accordance with 43 CFR 2809.18(c).

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. The information in each collection activity is unique and is unsuitable for other uses. The BLM is not able to use or modify similar information because the responses in this collection are distinct, unrelated to each other, and specific to their individual proposed projects.

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

In compliance with the Regulatory Flexibility Act, the BLM reviewed the entities potentially affected by the proposed rule to determine the extent to which the affected entities are small businesses, as defined by the Small Business Administration. Upon this review, we determined that the rule would potentially affect a substantial number of small entities. The collections of information in the proposed rule would be the minimum necessary in order to issue and monitor rights-of-way for solar and wind energy and for other large-scale projects.

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 conduct the collection or conducting it less frequently, it would not be able to implement competitive procedures for solar and wind energy development and other large-scale projects.

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 requiring the collection to be conducted in a manner described above.

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.

In the preamble to the proposed rule, the BLM invited public comments on the information collection. Those comments, and responses of the BLM, are discussed below. All comments – both those pertaining to information collection and other comments -- are addressed in the final rule. The specific comments may be obtained by entering “RIN 1004-24” in the Search function at https://www.regulations.gov/searchResults?rpp=25&po=0&s=RIN%2B1004-AE16&fp=true&ns=true, and then clicking on “Open Docket Folder.”

As discussed below, the BLM adopted some of the suggestions in comments that were received.

Comments on proposed pipeline provisions: 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.

Comments on proposal to require pre-application meetings: The proposed rule would have required pre-application meetings. In response to comments questioning whether the BLM has authority to require such meetings, 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.

Comments on proposal to require applications filing fee for energy site-specific testing grants: The proposed rule would have required an “application filing fee” for energy site-specific testing grants. On consideration of comments questioning whether site-specific testing should be subject to an application filing fee, the BLM has removed that requirement from the final rule. The $2-per-acre filing fee applies to applications for energy project-area testing, but not to energy site-specific testing.

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

Respondents would not receive any payment or gift.

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

New paragraph 2805.12(a)(15) requires that a grant holder or lessee provide or make available, upon the BLM’s request, any pertinent environmental, technical, and financial records for inspection and review. Any information marked confidential or proprietary would be kept confidential to the extent allowable by law. This basis for this provision is Exemption 4 of the Freedom of Information Act (5 U.S.C. 552(b)(4)), which authorizes Federal agencies to withhold from public disclosure “trade secrets and commercial or financial information obtained from a person and privileged or confidential.”

Under the Privacy Act, personally identifiable information is subject to a System of Records Notice, Land & Minerals Authorization Tracking System – Interior, LLM-32 (56 FR 5014 (February 7, 1991)).

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.

Respondents would not be required 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.

The BLM estimates 3,042 responses annually for this rule, 47,112 hours, and a dollar equivalent of $3,020,350.

Table 12-1, below, shows the estimated hourly cost burdens for respondents. The mean hourly wages for Table 12-1 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 information at http://www.bls.gov/news.release/ecec.nr0.htm.

Table 12-1

Estimated Hourly Cost

A. Position and Standard Occupation Code	B. Mean Hourly Wage	C. Total Mean Hourly Wage (Column B x 1.4)
Engineers SOC 17-2000	$45.79	$64.11

The following table itemizes the annual hour burdens and dollar equivalents for each information collection activity.

Table 12-2

Information Collection Requirements: Estimated Annual Hour Burdens

A. Type of Response	B. Number of Responses	C. Hours Per Response	D. Total Hours (Column B x Column C)	E. Dollar Equivalent (Column D x $64.11)
Application for a Solar or Wind Energy Development Project Outside Any Designated Leasing Area 43 CFR 2804.12, 2804.25(c), 2804.26(a)(5), and 2804.30(g)	10	8	80	$5,129
Application for an Electric Transmission Line with a Capacity of 100 kV or More 43 CFR 2804.12, 2804.25(c), and 2804.26(a)(5)	10	8	80	$5,129
General Description of a Proposed Project and Schedule for Submittal of a POD 43 CFR 2804.12(b)(1) and (b)(2)	20	2	40	$2,564
Preliminary Application Review Meetings for a Large-Scale Right-of-Way 43 CFR 2804.12(b)(4)	20	2	40	$2,564
Application for an Energy Site-Specific Testing Grant 43 CFR 2804.12(a), 2804.30(g), and 2809.19(d)	20	8	160	$10,258
Application for an Energy Project-Area Testing Grant 43 CFR 2804.12(a), 2804.30(g), and 2809.19(d)	20	8	160	$10,258
Application for a Short-Term Grant 43 CFR 2804.12(a) and 2809.19(d)	1	8	8	$513
Application for Renewal of an Energy Project-Area Testing Grant or Other Short-Term Grant 43 CFR 2805.11(b)(2(ii), 2805.14(h), and 2807.22	6	6	36	$2,308
Showing of Good Cause 43 CFR 2804.40 and 2805.12	1	2	2	$128
Bonding Requirements 43 CFR 2805.20	1	10	10	$641
Request to Assign a Solar or Wind Energy Development Right-of-Way 43 CFR 2807.21	11	8	88	$5,642
Environmental, Technical, and Financial Records, Reports, and Other Information 43 CFR 2805.12(a)(15)	20	4	80	$5,129
Application for Renewal of a Solar or Wind Energy Development Grant or Lease 43 CFR 2805.14(g) and 2807.22	1	12	12	$769
Request for Amendment, Assignment, or Other Change (FLPMA) 43 CFR 2807.11(b) and (d)) and 2807.21	30	16	480	$30,773
Nomination of a Parcel of Land Inside a Designated Leasing Area 43 CFR 2809.10 and 2809.11	1	4	4	$256
Expression of Interest in a Parcel of Land Inside a Designated Leasing Area 43 CFR 2809.11(c)	1	4	4	$256
Plan of Development for a Solar or Wind Energy Development Lease Inside a Designated Leasing Area 43 CFR 2809.18(c)	2	8	16	$1,026
Request for Amendment, Assignment, or Other Change (MLA) 43 CFR 2886.12(b) and (d) and 43 CFR 2887.11	2,862	16	45,792	$2,935,725
Certification of Construction 43 CFR 2886.12(f)	5	4	20	$1,282
Totals	3,042		47,112	$3,020,350

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.

Respondents would not incur annual capital or startup costs, or be required to purchase any computer software or hardware, to respond to the information collection requirements in the proposed rule.

The non-hour burdens of this final rule consist of fees authorized by Sections 304 and 504(g) of FLPMA (43 U.S.C.1734 and 1764(g)). Section 1734 authorizes the Secretary of the Interior to establish reasonable filing and service fees and reasonable charges with respect to applications and other documents relating to the public lands. Section 504(g) authorizes the Secretary to promulgate regulations that require, as a condition of a right-of-way, that an applicant for or holder of a right-of-way reimburse the United States for all reasonable administrative and other costs incurred with respect to right-of-way applications and with respect to inspection and monitoring of construction, operation, and termination of a facility pursuant to such right-of-way.

The fees (i.e., non-hour burdens) are itemized in the following table.

Information Collection Requirements: Estimated Annual Non-Hour Burdens

A. Type of Response	B. Regulatory Authority for Fee	C. Number of Responses	D. Amount of Fee Per Response	E. Total Amount of Fees (Column C x Column D)
Application for a Solar or Wind Energy Development Project Outside Any Designated Leasing Area 43 CFR 2804.12, 2804.25(c), 2804.26(a)(5), and 2804.30(g)	43 CFR 2804.12(c)(2)	10	$15 per acre x average of 6,000 acres per application = $90,000	$900,000
Application for an Electric Transmission Line with a Capacity of 100 kV or More 43 CFR 2804.12, 2804.25(c), and 2804.26(a)(5)	43 CFR 2804.14	10	$1,1561	$11,560
Application for an Energy Project-Area Testing Grant 43 CFR 2804,12(a), 2804.30(g), and 2809.19(d)	43 CFR 2804.12(c)(2)	20	$2 per acre x average of 6,000 acres per application = $12,000	$240,000
Application for Short-Term Grant 43 CFR 2804.12(a) and 2809.19(d)	43 CFR 2804.14	1	$1,1562	$1,156
Request to Assign a Solar or Wind Energy Development Right-of-Way 43 CFR 2807.21	43 CFR 2804.14	11	$15 per acre x average of 6,000 acres per application = $90,000	$990,000
Application for Renewal of an Energy Project- Area Testing Grant or Short-Term Grant 43 CFR 2805.11(b)(2), 2805.14(h), and 2807.22	43 CFR 2804.14	6	$1,1563	$6,936
Application for Renewal of a Solar or Wind Energy Development Grant or Lease 43 CFR 2805.14(g) and 2807.22	43 CFR 2804.14	1	$1,1564	$1,156
Nomination of a Parcel of Land Inside a Designated Leasing Area 43 CFR 2809.10 and 2809.11	43 CFR 2809.11(b)(1)	1	$5 per acre x average of 6,000 acres per nomination = $30,000	$30,000
Total				$2,180,808

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 estimated cost to the Federal Government is 47,236 hours and a dollar equivalent of $2,196,474 annually.

The hourly cost to the Federal Government is based on U.S. Office of Personnel Management Salary Table data at: https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2016/GS_h.pdf.

The benefits multiplier of 1.6 is implied by information at http://www.bls.gov/news.release/ecec.nr0.htm. The hourly cost calculations are shown below:

Table 14 -1

Estimated Hourly Cost to the Government

A. Position and Pay Grade	B. Mean Hourly Pay Rate ($/hour)	C. Mean Hourly Rate with Benefits (Column B x 1.6)	D. Percent of the Information Collection Completed by Each Occupation	E. Weighted Avg. ($/hour) (Column D x Column E)
Manager GS-13/Step 6	$41.28	$66.05	10	$6.61
Technical GS-11/Step 6	$28.96	$46.34	80	$37.07
Clerical GS-6/Step 6	$17.61	$28.18	10	$2.82
Totals			100	$46.50

The following table itemizes the annual federal hour burdens and dollar equivalents for each information collection activity.

Table 14-2

Information Collection Requirements: Estimated Annual Federal Hour Burdens

A. Type of Response	B. Number of Responses	C. Hours Per Response	D. Total Hours (Column B x Column C)	E. Dollar Equivalent (Column D x $46.50)
Application for a Solar or Wind Energy Development Project Outside Any Designated Leasing Area 43 CFR 2804.12, 2804.26(a)(5), and 2804.30(g)	10	12	120	$5,580
Application for an Electric Transmission Line with a Capacity of 100 kV or More 43 CFR 2804.12 and 2804.26(a)(5)	10	12	120	$5,580
General Description of a Proposed Project and Schedule for Submittal of a Plan of Development 43 CFR 2804.12(b)	20	2	40	$1,860
Preliminary Application Review Meetings for a Large-Scale Right-of-Way 43 CFR 2804.12(b)(4)	20	2	40	$1,860
Application for an Energy Site-Specific Testing Grant 43 CFR 2804.12(a), 2804.30(g), and 2809.19(d)	20	8	160	$7,440
Application for an Energy Project-Area Testing Grant 43 CFR 2804.12(a), 2804.30(g), and 2809.19(d)	20	8	160	$7,440
Application for Short-Term Grant 43 CFR 2804.12(a) and 2809.19(d)	1	8	8	$372
Showing of Good Cause 43 CFR 2804.40 and 2805.12	1	2	2	$93
Bonding Requirements for Lands Outside Any Designated Leasing Area 43 CFR 2805.20	1	10	10	$465
Request to Assign a Solar or Wind Energy Development Right-of-Way 43 CFR 2807.21	11	12	132	$6,138
Application for Renewal of an Energy Project-Area Testing Grant or Other Short-Term Grant 43 CFR 2805.11(b)(2(ii), 2805.14(h), and 2807.22	6	6	36	$1,674
Environmental, Technical, and Financial Records, Reports, and Other Information 43 CFR 2805.12(a)(15)	20	4	80	$3,720
Application for Renewal of a Solar or Wind Energy Development Grant or Lease 43 CFR 2805.14(g) and 2807.22	1	12	12	$558
Request for Amendment, Assignment, or Other Change (FLPMA) (43 CFR 2807.11(b) and (d)) and 2807.21)	30	16	480	$22,320
Nomination of a Parcel of Land Inside a Designated Leasing Area 43 CFR 2809.10 and 2809.11	1	4	4	186
Expression of Interest in a Parcel of Land Inside a Designated Leasing Area 43 CFR 2809.11(c)	1	4	4	186
Plan of Development for a Solar or Wind Energy Development Lease Inside a Designated Leasing Area 43 CFR 2809.18(c)	2	8	16	$744
Request for an Amendment, Assignment, or Name Change (MLA) 43 CFR 2886.12(b) and (d) and 2887.11	2,862	16	45,792	$2,129,328
Certification of Construction 43 CFR 2886.12(f)	5	4	20	$930
Totals	3,042		47,236	$2,196,474

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

The BLM estimates this rule will result in annual program changes of 3,042 responses, 47,112 hours, and a dollar equivalent of $2,884,198. The estimated annual non-hour cost burdens are $2,180,808. These program 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 other 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.

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 collection will not be published.

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.

The BLM 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.

1 In the BLM’s experience, this collection activity usually falls under Category Four of the Processing Fee Schedule at 43 CFR 2804.14. The amount shown is for Processing Category Four for calendar year 2016, at IM 2016,025 (Dec. 1, 2015) (“Rights-of-Way Management and Land Use Authorization Management’).,

2 In the BLM’s experience, this collection activity usually falls under Category Four of the Processing Fee Schedule at 43 CFR 2804.14. The amount shown is for Processing Category Four for calendar year 2016, at IM 2016,025 (Dec. 1, 2015) (“Rights-of-Way Management and Land Use Authorization Management’).,

3 In the BLM’s experience, this collection activity usually falls under Category Four of the Processing Fee Schedule at 43 CFR 2804.14. The amount shown is for Processing Category Four for calendar year 2016, at IM 2016,025 (Dec. 1, 2015) (“Rights-of-Way Management and Land Use Authorization Management’).,

4 In the BLM’s experience, this collection activity usually falls under Category Four of the Processing Fee Schedule at 43 CFR 2804.14. The amount shown is for Processing Category Four for calendar year 2016, at IM 2016,025 (Dec. 1, 2015) (“Rights-of-Way Management and Land Use Authorization Management’).,

26