1018-0102 SSA Updated 06152017

Supporting Statement A for

Paperwork Reduction Act Submission

National Wildlife Refuge

Special Use Permit Applications and Reports

50 CFR 25, 26, 27, 29, 30, 31, 32, and 36

OMB Control Number 1018-0102

Terms of Clearance: None.

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

The administration and uses of national wildlife refuges and wetland management districts are governed by the:

• National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee) (Administration Act), as amended by the National Wildlife Refuge System Improvement Act of 1997.

• Refuge Recreation Act of 1962 (16 U.S.C. 460k-460k-4) (Recreation Act).

• Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.) (ANILCA).

The Administration Act consolidated all of the different refuge areas into a single National Wildlife Refuge System (System). It also authorizes us to allow public accommodations, including commercial visitor services, on lands of the System when we find that the activity is compatible and appropriate with the purpose for which the refuge was established. The Recreation Act allows the use of refuges for public recreation when it is not inconsistent or does not interfere with the primary purpose(s) of the refuge.

ANILCA provides specific authorization and guidance for the administration and management of national wildlife refuges within the State of Alaska. Its provisions provide for the issuance of permits by the System under certain circumstances. These provisions are implemented through 50 CFR sections identified below.

In our general refuge regulations, we provide for public entry for specialized purposes, including economic activities such as the operation of guiding and other visitor services on refuges by concessionaire or cooperators under appropriate contracts or legal agreements or special use permits (50 CFR 25.41, 25.61, 26.36, 27.71, 27.91, 27.97, 29.1, 29.2, 30.11, 31.2, 31.13, 31.14, 31.16, 32.2(1), 36.31, 36.32, 36.33, 36.37, 36.39, 36.41and 43 CFR 5). These regulations provide the authorities and procedures for allowing permits on national wildlife refuges and wetland management districts including those in the State of Alaska.

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 likely respondents to this information collection are individual citizens, businesses, nonprofit organizations, educational institutions, and Federal, State, local, or tribal governments.

We issue special use permits for a specific period as determined by the type and location of the use or visitor service provided. These permits authorize activities such as:

• Agricultural activities (haying and grazing, 50 CFR 29.1 and 29.2);

• Beneficial management tools that we use to provide the best habitat possible on some refuges (50 CFR 30.11, 31.14, 31.16, and 36.41);

• Special events, group visits and other one-time events (50 CFR 25.41, 25.61, 26.36, and 36.41);

• Recreational visitor service operations (50 CFR 25.41, 25.61 and 36.41);

• Guiding for fishing, hunting, wildlife education, and interpretation (50 CFR 25.41 and 36.41);

• Commercial filming (43 CFR 5, 50 CFR 27.71) and other commercial activities (50 CFR 29.1 and 36.41);

• Building and using cabins to support subsistence or commercial activities (in Alaska) (50 CFR 26.35,and 36.41);

• Research, inventory and monitoring, and other noncommercial activities (50 CFR 26.36 and 36.41).

We use the following three application forms:

• FWS Form 3-1383-G (General Activities Special Use Application).

• FWS Form 3-1383-C (Commercial Activities Special Use Application).

• FWS Form 3-1383-R (Research and Monitoring Special Use Application).

These forms will continue to ensure that:

• Applicants are aware of the types of information that may be needed for permit issuance and that the collection of this information is approved in accordance with the Paperwork Reduction Act of 1995.

• Requested activities are compatible and appropriate with the purpose(s) for which the refuge was established.

• Applicant is eligible or is the most qualified applicant to receive the special use permit.

We collect the necessary information in form and nonform format (through discussions in person or over the phone, over the Internet, by email, or by letter). In some instances, respondents will be able to provide information verbally. Often, a simple email or letter describing the activity will suffice. For activities (e.g., commercial visitor services, research, etc.) that might have a large impact on refuge resources, we may require applicants to provide more detail on operations, techniques, and locations. Because of the span of activities covered by special use permits and the different management needs and resources at each refuge, respondents may not be required to answer all questions. Depending on the requested activity, refuge managers will have the discretion to ask for less information than appears on the proposed forms. However, refuge managers cannot ask for more or different information. The burden listed in item 12 includes any non-form collection.

Many permittees provide services and facilities to the public. We issue permits for a specific period as determined by the type and location of the use or service provided. We use these permits to ensure that the applicant is aware of: (1) the requirements of the permit and (2) his/her legal rights. Refuge-specific special conditions may be required for the permit. We identify conditions as an addendum to the permit. Most of the special conditions pertain to how a permitted activity may be conducted and do not require the collection of information. However, some special conditions, such as activity reports, before and after site photographs, or data sharing, would qualify as an information collection, and we have included the associated burden in this information collection request.

For all forms we ask …	So that we can …
Whether the application is for a new permit or for renewal or modification of an existing permit	Determine the level of information required to process the application.
Signature of applicant and date of application	Determine who provided the information and the date the application was signed.
Full name of applicant (and/or business), organization (and/or business), address, phone number, fax number, and email address	Contact the applicant during the application process or after issuing a permit.
Description of the activity	Determine whether or not an activity is compatible with the purpose of the refuge, the impact on refuge resources, and if special conditions apply.
Names and addresses of assistants/subcontractors/subpermittees	Identify the people involved in the proposed activity.
Activity/site occupancy timeline	Reduce or eliminate scheduling conflicts, anticipate time frame of activity, and manage the long- and short-term impact of site usage.
Frequency of activity	Reduce or eliminate scheduling conflicts, manage the long- and short-term impact of site usage, and determine whether or not an activity is compatible with the purpose of the refuge.
Specific location	Reduce or eliminate scheduling conflicts and manage the long- and short-term impact of site usage.
Map of location	Identify specific location of activity (primarily used for rural activity locations).
If other certifications are required	Determine if an applicant meets all requirements to conduct the activity.
If other Federal, State or tribal permits are required.	Determine if an applicant meets all requirements to conduct the activity.
Logistics and transportation details	Determine whether or not an activity is compatible with the purpose of the refuge and assess the impact on refuge resources.
Vehicle descriptions and license plate numbers, including those from boats and planes	Confirm that specific vehicles are authorized to be in restricted areas.
Equipment used	Determine whether or not an activity is compatible with the purpose of the refuge and assess the impact on refuge resources.
If overnight stays are required	Determine whether or not an activity is compatible with the purpose of the refuge, assess the impact on refuge resources, reduce or eliminate scheduling conflicts, and manage the long- and short-term impact of site usage.
Description of onsite or living or working accommodations	Determine whether or not an activity is compatible with the purpose of the refuge and assess the impact on refuge resources.
Insurance coverage	Determine that an applicant can protect himself/herself and the System from future legal and financial predicaments.
Detailed information on ship-to-shore, intersite, and onsite transportation logistics	Determine whether or not an activity is compatible with the purpose of the refuge and assess the impact on refuge resources.

For FWS Form 3-1383-G and Form 3-1383-C we ask …	So that we can …
Activity type	Determine if an activity is appropriate to be considered for a special use permit.
Expected number of participants/clients	Assess the impact on refuge resources.
Operational plan	Understand the details of the activity so we can determine whether or not an activity is compatible with the purpose of the refuge and assess the impact on refuge resources.

For FWS Form 3-1383-C and Form 3-1383-R we ask …	So that we can …
Safety plan	Determine if appropriate safety measures are in place.

For FWS Form 3-1383-C we ask …	So that we can …
Business tax number	Process payment of fees and charges in accordance with the Debt Collection Improvement Act.
Trip activity timeline	Reduce or eliminate scheduling conflicts, manage the long- and short-term impact of site usage, and determine whether or not an activity is compatible with the purpose of the refuge.
Current or past history of violations of State, Federal, or local laws or regulations related to fish and wildlife.	Assess past compliance with fish and wildlife laws and regulations, and determine that the applicant is qualified to undertake the activity.

For FWS Form 3-1383-R we ask …	So that we can …
Affiliation/Sponsoring organization	Verify that the applicant is a bona fide researcher and determine if the applicant is qualified to undertake the activity.
Applicant's relationship to affiliation/sponsoring organization (professor, staff, student, etc.)	Verify that the applicant is a bona fide researcher and determine if applicant is qualified to undertake the activity.
Other cooperators/institutions	Determine whether the project is supported by other entities, verify that the applicant is a bona fide researcher, and determine if applicant is qualified to undertake the activity.
Applicant Curriculum Vitae or Resume	Determine if the applicant is qualified to undertake the activity.
Title and copy of research/monitoring proposal	Assess the scientific rigor of the proposal.
Hypothesis	Determine focus of the project and assess the scientific rigor of the proposal.
Species involved, samples to be taken, and data to be collected, including schedule	Assess the scientific rigor of the proposal, the impact on refuge resources, and determine whether or not an activity is compatible with the purpose of the refuge.
Details of offsite transportation of samples	Reduce or eliminate scheduling conflicts, manage the long- and short-term impact of site usage, and determine whether or not an activity is compatible with the purpose of the refuge.
Expected benefits of research/monitoring project	Assess the scientific rigor of the proposal, and determine the long and short- term impacts on refuge resources.
Project history and relationships to other research/ monitoring projects	Determine the temporal scale of the project and whether the project is supported by other entities,
General timeline for analysis, write-up and publication	Determine how and when the results of the project will be shared with the scientific/conservation community.
Submission of an Animal Care form, or Institutional Animal Care and Use Committee approval (or equivalent)	Assess the scientific rigor of the proposal and ensure that any animals involved in the project are appropriately cared for.
Details on installation, maintenance and removal of instrumentation	Reduce or eliminate scheduling conflicts, manage the long- and short-term impact of site usage, and determine whether or not an activity is compatible with the purpose of the refuge.

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.

FWS Forms 3-1383-G, 3-1383-C, and 3-1383-R will be available on our agency websites in a fillable format. Applicants must print the form and submit it to the appropriate refuge for review and approval by a refuge official. In some instances, applicants may be able to submit the information in a non-form format. An estimated 20 percent of FWS Form 3-1383-G users will submit their applications in a non-form format or electronically (via email). Few users of FWS Forms 3-1383-C and 3-1383-R will use a non-form format or be able to submit the information electronically. When required, we will accept activity reports electronically via email.

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 is specific to the applicant, the use or activity proposed, and the refuge where the proposed activity will take place

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

This collection of information does not have a significant impact on a substantial number of small entities. Applicants submit the information for specific needs, and this information is not available from any other source. Small businesses from which we collect information are typically recreational visitor service operations (outfitters/guides), farming operations, commercial filming, and other commercial activities. We collect only the minimum information necessary to establish eligibility, protect resources, and demonstrate that applicants are aware of information they need to know to protect themselves from legal and financial predicaments. As a further means to reduce burden, we will use applicable portions from original applications to process renewals.

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.

Without the information requested, we would be unable to review the proposed uses and evaluate the impacts or effects of proposed uses on System lands. This would preclude our ability to fulfill statutory requirements and our responsibilities under the Administration Act, the Recreation Act, ANILCA, and other relevant laws and regulations to determine if the proposed activity or use meets refuge compatibility standards.

We collect the information on either an as-needed basis (one-time or one-season event) or an annual basis. Some special uses, such as haying and grazing, are beneficial management tools that we use to provide the best habitat possible on some refuges and wetland management districts. We could not accomplish these management objectives without the cooperation and involvement of private individuals.

Special use permits provide us with a legal and binding document authorizing the particular use.

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 circumstances that require us to collect the information in a manner inconsistent with OMB guidelines.

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 February 24, 2017, we published a notice in the Federal Register (82 FR 11601) announcing our intent to request renewal of this information collection. We solicited public comment for sixty (60) days, ending on April 25, 2017. We received the following two comments in response to the notice:

Comment 1: Email dated February 25, 2017 from Jean Public

Respondent commented on the authorities and regulations that allow for certain commercial activities on wildlife refuges (specifically haying/grazing/farming and cabin rentals) and the fees that are charged, but not on the application forms themselves.

FWS Response to Comment 1: The National Wildlife Refuge System Administration Act at 16 U.S.C. 668dd(a)(1)authorizes us to permit public accommodations, including commercial visitor services, on lands of the System when we find that these activities are compatible and appropriate with the purpose for which the refuge was established. The respondent did not address the information collection, and we did not make any changes to our requirements.

Comment 2: Email dated April 19, 2017 from Jay H

1) The information collected is not necessary because it appears not to be a lawfully authorized request. Although it is difficult to know which law cited by the FWS is applicable to which CFR given because the Federal Registry entry does not appear to comply with FR requirements for specificity, see 1 CFR 21 and 22. Regardless none of the laws cited; 16 U.S.C. 668dd-668ee, 16 U.S.C. 460k-460k-4, 6 U.S.C. 3101 et seq. (it is unclear what “et seq.” is referring to) appear relevant at a minimum to Form 3-1383-C.

The 16 U.S.C. 460k-460K-4 codes (subchapter LXVIII) is entitled “NATIONAL CONSERVATION RECREATIONAL AREAS”, these parts only concern recreation and do not even use the word commercial, economic, business, etc.

16 U.S.C. 668dd-668ee likewise address recreation and management, conservation, etc. but has no mention of the word “commercial” or any other type of “economic” activity.

16 U.S.C. 3101 speaks to the needs of recreation and scientific purposes, et al. but no mention of commercial, economic or other business interests.

Therefore, the information requested from form 3-1383-C regarding “Commercial Activities” would appear not only unnecessary but also unauthorized based on the authorities cited.

Even the statement in Section I (Abstract) appears to acknowledge this fact: “We issue special use permits for a specific period as determined by the type and location of the management activity or visitor service provided.” No mention of commercial activities.

2) 29 CFR 29.1 is mentioned as both an agricultural activity and a commercial activity, however none of the statutory authority cited mentions anything to do with agricultural activity or commercial activity. Nor do they mention these activities as “permitable” activities. Therefore, the informational requests regarding 29 CFR 29.1 in regards to forms 3-1383-C would also appear unnecessary and also not authorized by the authorities cited.

3) 29 CFR 29.2 is mentioned as a farming activity however the regulation itself is clearly a “management activity” using various methods to achieve the management:

Ҥ 29.2 Cooperative land management.

Cooperative agreements with persons for crop cultivation, haying, grazing, or the harvest of vegetative products, including plant life, growing with or without cultivation on wildlife refuge areas may be executed on a share-in-kind basis when such agreements are in aid of or benefit to the wildlife management of the area.”

Just performing “agricultural activities” does not necessarily bring the activity within the realm of “wildlife management” of the area. Regardless the authorities cited do not cross to 50 CFR 29.2 and if they did it could only authorize “cooperative agreements” not Special Use Permits, therefore this informational request must also be considered not only unnecessary but also not allowed by the authorities cited.

4) The informational requests within the forms given make no mention of how any potential commercial activity would comply with federal contracting law. As written these type of commercial activities would appear to unlawfully escape the Competition in Contract Act, Federal Acquisition Regulations and a host of other legal requirements like small business, minority and disadvantaged groups, wage requirements, etc. These types of informational requests and notifications would be required to be included within any permitting form if not addressed within other forms. Therefore, the information requests appear to be inadequate in this regard.

5) Lastly, the informational requests in the forms do not appear to comport with 1 CFR part 21 and 22 regarding authority citations. Specifically, the forms do not indicate the specific authority delegated by statute nor do they indicate any delegation from the Secretary of the Interior to the FWS, e.g. “The provisions of this subchapter and any such regulation shall be enforced by any officer or employee of the United States Fish and Wildlife Service designated by the Secretary of the Interior.” 16 USC 460k-3

FWS Response to Comment 2: We forwarded Comment 2 to the DOI Solicitor’s Office for review based on Jay H. questioning the authority under the cited statutes for the Service to collect information under FWS Form 3-1383-C (Commercial Activities Special Use Application). The requester did not believe that the FWS possessed the authority to act for the Secretary under the cited statutes, and did not believe that the cited statutes authorized the issuance of permits for commercial activities on national wildlife refuges. The following response to Comment 2 was provided by the DOI Solicitor’s Office:

“The National Wildlife Refuge System Administration Act (NWRSAA), at 16 U.S.C. 668dd(a)(1), states that the National Wildlife Refuge System (NWRS), “…shall be administered by the Secretary through the United States Fish and Wildlife Service.” The Secretary (through the FWS) is authorized, under such regulations as he may prescribe, to, “…permit the use of any area within the System for any purpose…whenever he determines that such uses are compatible with the major purposes for which the areas were established. (16 U.S.C. 668dd(d)(1)(A). The term, “compatible use,” is defined, at 16 U.S.C. 668ee(1), to mean, “…a wildlife-dependent recreational use or any other use of a refuge that, in the sound professional judgement of the Director, will not materially interfere with or detract from the fulfillment of the mission of the System or the purposes of the refuge.”

The two other statutes cited in the Federal Register notice are, 16 U.S.C. 460k-3, which refers to the authority to manage national wildlife refuges, among other conservation areas, and 16 U.S.C. 3101 et seq., which refers to management provisions for national wildlife refuges in Alaska. In both instances, the FWS has been charged with managing such wildlife refuges through the provision in the NWRSAA which states that the system shall be managed by the Secretary through the FWS.

Among the regulations prescribed for management of the NWRS is 50 C.F.R. 29.1, which specifically states that the FWS, “…may authorize economic use by appropriate permit only when we (FWS officials) have determined the use on a national wildlife refuge to be compatible.” That regulatory provision also sites to 16 U.S.C. 715s, which confirms Congress’s intent that economic uses on national wildlife refuges may be permitted, directing for the deposit of, “…all revenues received…from the sale or other disposition of animals, salmonoid carcasses, timber, hay, grass, or other products of the soil, minerals, shells, sand, or gravel, from other privileges, or from leases of public accommodations or facilities incidental to but not in conflict with the basic purposes for which those areas of the National Wildlife Refuge System were established.”

Clearly the Secretary’s authority to manage the NWRS is delegated to the FWS, by the language of the NWRSAA cited above, and the FWS has the broad authority under the NWRSAA to permit commercial uses within national wildlife refuges which are compatible with the purpose for which an individual refuge was established and the purposes of the NWRS.”

In addition to the Federal Register Notice, we consulted with the individuals in the table below who are familiar with this collection of information in order to validate our time burden estimate and asked for comments on the questions below:

Archeologist Southeast Archaeological Center National Park Service Tallahassee, FL	Research Wildlife Biologist U.S. Geological Service Gainesville, FL	Representative Alaska Wildland Adventures Girdwood, AK
Representative Yukon Air Service Fairbanks, AK	Representative Shadow Aviation Fairbanks, AK	Representative Alaska Dept. of Transportation & Public Service Juneau, AK
Representative Hilcorp Anchorage, AK	Representative Kenai Backcountry Adventures Ninilchik, AK	Representative J-Rods Guide Service Corsicana, TX

“Whether or not the collection of information is necessary, including whether or not the information will have practical utility; whether there are any questions they felt were unnecessary”

Comments: The majority of respondents either had no comments for this question or mentioned that the application questions associated with their permit “seem necessary” and “are related to the utility of the application”. One respondent said that the applications do not apply to construction projects and recommended a construction-specific form. Another commented specifically on the General Activities Special Use Application questions regarding insurance/permits/licenses/certifications and the lack of guidance on what triggers the requirement.

FWS Response/Action Taken: In regards to the comment on “construction related permits the application states that the Service does not require all information for each use. In December 2016 the Service developed an Oil and Gas specific form (FWS Form 3-2469) to address new oil and gas specific activities. We feel that utility and construction projects are still relevant to our General SUP because they do not fall under a Commercial or Research activity and therefore no action will be taken. As stated in the instructions for questions related to insurance/permits/licenses/certifications, applicants can coordinate simultaneous applications of several types, but a refuge may or may not issue the Special Use Permit while they are being obtained.

“The accuracy of our estimate of the burden for this collection of information”

Comments: Two respondents mentioned that construction related projects require more time than what is currently estimated. Other respondents mentioned that the estimated burdens are accurate and that for their permits it takes them less time than the estimate.

FWS Response/Action Taken: We will not be making any changes to our burden estimates. Construction projects comprise a minor percentage of the total permits issued under General Special Uses.

“Ways to enhance the quality, utility, and clarity of the information to be collected”

Comments: Most respondents were clear on what needed to be included in the permit application because they worked early and often with the refuge official. Some mentioned that changing the format would be undesirable. There was one specific comment regarding question 13 of the Research and Monitoring application. They mention the question is unclear, specifically with regards to how it does/does not differ from question 18. For example, is question 13 referring to the methods of a project?

FWS Response/Action Taken: Per our application instructions, question 13 of the Research and Monitoring application refers to how the project is expected to proceed and question 18 refers to the purpose and expected benefits of the Research. No actions related to this comment will be made.

“Ways to minimize the burden of the collection of information on respondents”

Comments: The majority of respondents mentioned the information request is comprehensive, but necessary to fully inform refuge personnel of an applicant’s intentions and that the forms are not an undue burden. One respondent mentioned the request for so much information (e.g. full names, address, phone #s) about assistants/subcontractors/permittees is a bit onerous. To allow for adequate time for the Refuge’s application review, applications may need to be submitted before the project team has been finalized and therefore, the information is not available at the time of submittal.

FWS Response/Action Taken: In response to the concern over “the request of too much information”, the application only asks for “known” information about assistants/subcontractors/permittees and the information is only required if the assistants/subcontrators/permittees will be operating on the refuge without the permittee being present. No action will be taken.

Despite multiple attempts to solicit feedback from two of the individuals contacted in the table above, we were unable to obtain comments from them.

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 respondents.

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

We do not make any assurances of confidentiality. We do not make the information available to the public and share the information only with agencies having a legal interest.

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 ask 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 7,865 responses totaling 16,756 annual burden hours for information collection associated with special use permits on national wildlife refuges. We estimate the total dollar value of the annual burden hours for this collection to be $587,015 (rounded).

We used the of Bureau of Labor Statistics (BLS) News Release USDL-17-0321, March 17, 2017, Employer Costs for Employee Compensation—December 2016, to calculate the total annual burden.

• Individuals. Table 1 lists the hourly rate for all workers $34.90, including benefits.

• Private Sector. Table 5 lists the hourly rate for all workers as $32.76, including benefits.

• Government. Table 3 lists the hourly rate for all workers as $47.85, including benefits.

Requirement	Annual Number of Respondents	Total Annual Responses	Completion Time per Response (Hours)	Total Annual Burden Hours*	Hourly Labor Costs (Incl. Benefits)	Total Dollar Value of Annual Burden
General Special Use Application (Form 3-1383-G)
Individuals	2,285	2,285	0.5	1,143	$ 34.90	$ 39,890.70
Private Sector	1,219	1,219	0.5	610	32.76	19,967.22
Government	305	305	0.5	153	47.85	7,297.13
Subtotal	3,809	3,809		1,906		$ 67,137.60
Commercial Activities Special Use Application (Form 3-1383-C)
Individuals	1,595	1595	4	6,380	$ 34.90	$ 222,662.00
Private Sector	1,000	1,000	4	4,000	32.76	131,040.00
Government	108	108	4	432	47.85	20,671.20
Subtotal	2,703	2,703		10,812		$ 374,373.20
Research and Monitoring Special Use Application (Form 3-1383-R)
Individuals	209	209	5	1,045	$ 34.90	$ 36,470.50
Private Sector	403	403	5	2,015	32.76	66,011.40
Government	135	135	5	675	47.85	32,298.75
Subtotal	747	747		3,735		$ 134,780.65
Activity Reports
Individuals	40	40	0.5	20	$ 34.90	$ 698.00
Private Sector	466	466	0.5	233	32.76	7,633.08
Government	100	100	0.5	50	47.85	2,392.50
Subtotal	606	606		303		$ 10,723.58
Totals	7,865	7,865		16,756		$ 587,015.03

*Rounded

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.

While an application fee of between $50 and $200 is submitted with most commercial use applications (Forms 3-1383-C), we estimate the average fee per application is $100. Therefore, we estimate that the annual nonhour cost burden associated with this information collection is $270,300 ($100.00 x 2,703 applications).

We charge fees for a diverse set of commercial activities. However, not all sites charge an application fee for commercial activities, and not all regions or activities have fee schedules. Individual sites that require an application fee will advertise it on their site specific permit application instructions which are found on site-specific websites. Most are based on a local market analysis, and in some cases, a bidding process if we need to limit the amount of permits we issue for resource protection purposes.

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 annual cost to the Federal Government to administer this information collection is $401,505.

Salary/Benefits: $386,505. We estimate that it will take an average of 1 hour to review and process each application and report, or a total of 7,865 hours. Applications and reports are reviewed at national wildlife refuges in all 50 States, some of which are in locality pay areas.

To determine hourly wage rates, we used the Office of Personnel Management Salary Table 2017-RUS as an average nationwide rate. To account for benefits, we multiplied the hourly rate by 1.59 in accordance with from BLS News Release USDL-17-0321, March 17, 2017, Employer Costs for Employee Compensation—December 2016.

Position	Grade/ Step	Hourly Pay Rate	Fully Burdened Hourly Rate (Incl. Benefits)	Total Hours	Total Cost (Fully burdened rate x total hours)*
Clerical, unskilled	GS-07/05	$ 22.09	$ 35.12	2,359	$ 82,855
Professional/technical staff	GS-11/05	32.70	51.99	4,719	245,341
Management (Refuge Mgr)	GS-13/05	46.60	74.09	787	58,309
Totals				7,865	$ 386,505

* Rounded

Other Costs: $15,000 (printing, copying, postage, and overhead (not including employee benefits).

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

We are reporting 7,865 annual responses totaling 16,756 burden hours, which is a decrease of 7,886 responses and an increase of 3,274 burden hours from our previous submission. We are also reporting a nonhour cost burden increase of $149,100. We are reporting these changes as an adjustment in agency estimates. In 2014 we established an internal online database that tracks permit submissions by our field stations nationwide which has enabled us to provide more accurate estimates of annual responses.

Additionally, we added supplemental instructions to FWS Form 3-1383-C for applications related to cooperative agriculture opportunities on the NWRS. The supplemental instructions clarify the specific information requested in order standardize the application process across the NWRS.

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 will not publish this information. Information collected is strictly for use by refuge staff to determine eligibility for permits.

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 OMB approval number and expiration date.

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.

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