Rights-of-Way Communications Uses, Cost Recovery, and Section 512 of FLMPA (Vegetation Management) 43 CFR PARTS 2800, 2860, and 2880

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form SF-299 Application for Transportation, Utility Systems, Telecommunications and Facilities on Federal Lands and Property	Form and Instruction	New	Repair queued
Form SF-299 Written Agreements – Category 6 Projects (43 CFR 2804.19 and 43 CFR 2884.17) - Governments	Form and Instruction	New	Repair queued
Form SF-299 Application for Transportation, Utility Systems, Telecommunications and Facilities on Federal Lands and Property	Form and Instruction	New	Available
Form SF-299 Written Agreements – Category 6 Projects (43 CFR 2804.19 and 43 CFR 2884.17) - Private Sector	Form and Instruction	New	Repair queued
Form SF-299 Application for Transportation, Utility Systems, Telecommunications and Facilities on Federal Lands and Property	Form and Instruction	New	Repair queued
Form SF-299 Written Agreements – Category 6 Projects (43 CFR 2804.19 and 43 CFR 2884.17) - Individuals	Form and Instruction	New	Repair queued
1004-New SS-A ROW PR 1004-AE60 FINAL.docx	Supporting Statement A	Uploaded 2022-12-01	Repair queued
SORN LLM32 (April 1 2008).pdf	Supplementary Document	Uploaded 2022-02-28	Repair queued
MineralLeasingAct1920.pdf	Supplementary Document	Uploaded 2022-02-28	Repair queued
FLPMA2016 PubL 94-579.pdf	Supplementary Document	Uploaded 2022-02-28	Repair queued
CFR-2020-title43-vol2-part2880.pdf	Supplementary Document	Uploaded 2022-02-28	Repair queued
CFR-2020-title43-vol2-part2800.pdf	Supplementary Document	Uploaded 2022-02-28	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
251886	Environmental Impact Statement (43 CFR 2804.14(e) and 43 CFR 2884.12(e)) -Governments		New
251885	Environmental Impact Statement (43 CFR 2804.14(e) and 43 CFR 2884.12(e)) - Private Sector		New
251884	Request for Collocation within Ancillary Facilities (43 CFR 2866.41) - Private Sector		New
251883	Request to Authorize Facilities Under a Single Communications Use Authorization (43 CFR 2866.38) - Governments		New
251882	Request to Authorize Facilities Under a Single Communications Use Authorization (43 CFR 2866.38) - Private Sector		New
251881	Annual Statement (43 CFR 2866.31(c)) - Governments		New
251879	Annual Statement (43 CFR 2866.31(c)) - Private Sector		New
251878	Annual Statement (43 CFR 2866.31(c)) - Individuals		New
251877	Request for Waiver or Reduction in Annual Rent (43 CFR 2806.15, 43 CFR 2866.15, and 43 CFR 2866.30) - Private Sector		New
251876	Request for Waiver or Reduction in Annual Rent (43 CFR 2806.15, 43 CFR 2866.15 and 43 CFR 2866.30) - Individuals		New
251875	Request for Exemption (43 CFR 2806.14 and 43 CFR 2866.14) - Private Sector		New
251874	Request for Preliminary Application Review (43 CFR 2864.10) - Governments		New
251873	Request for Preliminary Application Review (43 CFR 2864.10) - Private Sector		New
251872	Request for Preliminary Application Review (43 CFR 2864.10) - Individuals		New
251871	Renewals (43 CFR 2807.22 and 43 CFR 2887.12) - Governments		New
251870	Renewals (43 CFR 2807.22 and 43 CFR 2887.12) - Private Sector		New
251869	Renewals (43 CFR 2807.22 and 43 CFR 2887.12) - Individuals		New
251868	Amendments (43 CFR 2807.20 and 43 CFR 2887.10) - Governments		New
251867	Amendments (43 CFR 2807.20 and 43 CFR 2887.10) - Private Sector		New
251866	Amendments (43 CFR 2807.20 and 43 CFR 2887.10) - Individuals		New
251865	Phasing Rent - Hardship (43 CFR 2806.22 & 43 CFR 2866.31) - Private Sector		New
251864	Phasing Rent - Hardship (43 CFR 2806.22 & 43 CFR 2866.31) - Individuals		New
251862	Request for Approval – Non-Emergency Conditions (43 CFR 2805.22(b)) - Governments		New
251861	Request for Approval – Non-Emergency Conditions (43 CFR 2805.22(b)) - Private Sector		New
251860	Request for Approval – Non-Emergency Conditions (43 CFR 2805.22(b)) - Individuals		New
251859	Notifications – Emergency Conditions (43 CFR 2805.22(a)) - Governments		New
251858	Notifications – Emergency Conditions (43 CFR 2805.22(a)) - Private Sector		New
251857	Notifications – Emergency Conditions (43 CFR 2805.22(a)) - Individuals		New
251856	Agreements in Lieu of Operating Plans (43 CFR 2805.21(e)) - Governments		New
251855	Agreements in Lieu of Operating Plans (43 CFR 2805.21(e)) - Private Sector		New
251854	Modification of Operating Plans (43 CFR 2805.21(d)) - Governments		New
251853	Modification of Operating Plans (43 CFR 2805.21(d)) - Private Sector		New
251851	Modification of Operating Plans (43 CFR 2805.21(d)) - Individuals		New
251850	Operating Plans (43 CFR 2804.25(c)(2) and 43 CFR 2805.21(b)) - Governments		New
251849	Operating Plans (43 CFR 2804.25(c)(2) and 43 CFR 2805.21(b)) - Private Sector		New
251848	Operating Plans (43 CFR 2804.25(c)(2) and 43 CFR 2805.21(b)) - Individuals		New
251847	Rights the United States Retains – Financial Documents (43 CFR 2805.15) - Private Sector		New
251846	Request for Extension (43 CFR 2805.12(c)(5)) - Governments		New
251845	Request for Extension (43 CFR 2805.12(c)(5)) - Private Sector		New
251844	Request for Extension (43 CFR 2805.12(c)(5)) - Individuals		New
251843	Request for Alternative Requirement (43 CFR 2804.40) - Governments		New
251842	Request for Alternative Requirement (43 CFR 2804.40) - Private Sector		New
251841	Request for Alternative Requirement (43 CFR 2804.40) - Individuals		New
251840	Withdrawing Applications/Relinquishing Grants (43 CFR 2804.27 and 43 CFR 2884.24) - Governments		New
251839	Withdrawing Applications/Relinquishing Grants (43 CFR 2804.27 and 43 CFR 2884.24) - Private Sector		New
251838	Withdrawing Applications/Relinquishing Grants (43 CFR 2804.27 and 43 CFR 2884.24) - Individuals		New
251837	Analysis of Factors – Cost Recovery Fee Determination (43 CFR 2804.21) - Private Sector		New
251836	Analysis of Factors – Cost Recovery Fee Determination (43 CFR 2804.21) - Individuals		New
251835	Written Agreements – Category 6 Projects (43 CFR 2804.19 and 43 CFR 2884.17) - Governments	Form and Instruction	New	Application for Transportation, Utility Systems, Telecommunications and Facilities on Federal Lands and Property
251835	Written Agreements – Category 6 Projects (43 CFR 2804.19 and 43 CFR 2884.17) - Governments	Form and Instruction	New
251834	Written Agreements – Category 6 Projects (43 CFR 2804.19 and 43 CFR 2884.17) - Private Sector	Form and Instruction	New	Application for Transportation, Utility Systems, Telecommunications and Facilities on Federal Lands and Property
251834	Written Agreements – Category 6 Projects (43 CFR 2804.19 and 43 CFR 2884.17) - Private Sector	Form and Instruction	New
251833	Written Agreements – Category 6 Projects (43 CFR 2804.19 and 43 CFR 2884.17) - Individuals	Form and Instruction	New	Application for Transportation, Utility Systems, Telecommunications and Facilities on Federal Lands and Property
251833	Written Agreements – Category 6 Projects (43 CFR 2804.19 and 43 CFR 2884.17) - Individuals	Form and Instruction	New
251832	Request for a Master Agreement (43 CFR 2804.17 & 43 CFR 2884.15) - Private Sector		New
251831	Request for a Master Agreement (43 CFR 2804.17 & 43 CFR 2884.15) - Individuals		New
251830	Designation of Agent or Third Party (43 CFR 2803.11) - Governments		New
251829	Designation of Agent or Third Party (43 CFR 2803.11) - Private Sector		New
251828	Designation of Agent or Third Party (43 CFR 2803.11) - Individuals		New
251827	Appeals/Petitions for a Stay (43 CFR 2801.10 and 43 CFR 2881.10) - Governments		New
251826	Appeals/Petitions for a Stay (43 CFR 2801.10 and 43 CFR 2881.10) - Private Sector		New
251824	Appeals/Petitions for a Stay (43 CFR 2801.10 and 43 CFR 2881.10) - Individuals		New

ICR Details

OMB Control No: 1004-0219	ICR Reference No: 202202-1004-001
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: DOI/BLM	Agency Tracking No: NPRM AE60
Title: Rights-of-Way Communications Uses, Cost Recovery, and Section 512 of FLMPA (Vegetation Management) 43 CFR PARTS 2800, 2860, and 2880
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 09/21/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 12/01/2022
Terms of Clearance: In accordance with 5 CFR 1320.11(c), OMB is filing comment and withholding approval at this time. This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. The agency shall examine public comment in response to the proposed rulemaking and include in the supporting statement of the next ICR--to be submitted to OMB at the final rule stage--a description of how the agency has responded to any public comments on the ICR, including comments on maximizing the practical utility of the collection and minimizing the burden. Given that the cost estimates presented rely largely on non-public data, the agency is requested to work with OMB to increase the amount of quality supporting information underlying the cost estimates before this information collection is submitted for renewal. Lastly, the supporting statement submitted at final rule stage should include any changes that occurred between the proposed and final rule related to this ICR.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The Bureau of Land Management (BLM) is proposing to amend its existing right-of-way (ROW) regulations to streamline the communications uses program, update its cost recovery fee schedules for ROW Federal work activities, and include provisions governing the development and approval of operating plans and agreements for ROWs for electric transmission and distribution facilities (powerlines). Communications uses and powerlines are a subset of ROW activities authorized under the Federal Land Policy and Management Act of 1976, as amended (FLPMA). Cost recovery fees apply to most ROW activities authorized under either FLPMA or the Mineral Leasing Act of 1920, as amended (MLA). This collection of information pertains to the issuance of grants for communications use as well as cost recovery fees and operating plans for the ROW program. Communications use on public lands requires processing applications and rent payments.

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Authorizing Statute(s): US Code: 43 USC 1701, 1734, 1761 through 1772 Name of Law: Federal Land Policy and Management Act of 1976, as amended
   US Code: 30 USC 185 Name of Law: Mineral Leasing Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1004-AE60	Proposed rulemaking	87 FR 67306	11/07/2022

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 59

table that charts list of burden

IC Title	Form No.	Form Name
Agreements in Lieu of Operating Plans (43 CFR 2805.21(e)) - Governments
Agreements in Lieu of Operating Plans (43 CFR 2805.21(e)) - Private Sector
Amendments (43 CFR 2807.20 and 43 CFR 2887.10) - Governments
Amendments (43 CFR 2807.20 and 43 CFR 2887.10) - Individuals
Amendments (43 CFR 2807.20 and 43 CFR 2887.10) - Private Sector
Analysis of Factors – Cost Recovery Fee Determination (43 CFR 2804.21) - Individuals
Analysis of Factors – Cost Recovery Fee Determination (43 CFR 2804.21) - Private Sector
Annual Statement (43 CFR 2866.31(c)) - Governments
Annual Statement (43 CFR 2866.31(c)) - Individuals
Annual Statement (43 CFR 2866.31(c)) - Private Sector
Appeals/Petitions for a Stay (43 CFR 2801.10 and 43 CFR 2881.10) - Governments
Appeals/Petitions for a Stay (43 CFR 2801.10 and 43 CFR 2881.10) - Individuals
Appeals/Petitions for a Stay (43 CFR 2801.10 and 43 CFR 2881.10) - Private Sector
Designation of Agent or Third Party (43 CFR 2803.11) - Governments
Designation of Agent or Third Party (43 CFR 2803.11) - Individuals
Designation of Agent or Third Party (43 CFR 2803.11) - Private Sector
Environmental Impact Statement (43 CFR 2804.14(e) and 43 CFR 2884.12(e)) - Private Sector
Environmental Impact Statement (43 CFR 2804.14(e) and 43 CFR 2884.12(e)) -Governments
Modification of Operating Plans (43 CFR 2805.21(d)) - Governments
Modification of Operating Plans (43 CFR 2805.21(d)) - Individuals
Modification of Operating Plans (43 CFR 2805.21(d)) - Private Sector
Notifications – Emergency Conditions (43 CFR 2805.22(a)) - Governments
Notifications – Emergency Conditions (43 CFR 2805.22(a)) - Individuals
Notifications – Emergency Conditions (43 CFR 2805.22(a)) - Private Sector
Operating Plans (43 CFR 2804.25(c)(2) and 43 CFR 2805.21(b)) - Governments
Operating Plans (43 CFR 2804.25(c)(2) and 43 CFR 2805.21(b)) - Individuals
Operating Plans (43 CFR 2804.25(c)(2) and 43 CFR 2805.21(b)) - Private Sector
Phasing Rent - Hardship (43 CFR 2806.22 & 43 CFR 2866.31) - Individuals
Phasing Rent - Hardship (43 CFR 2806.22 & 43 CFR 2866.31) - Private Sector
Renewals (43 CFR 2807.22 and 43 CFR 2887.12) - Governments
Renewals (43 CFR 2807.22 and 43 CFR 2887.12) - Individuals
Renewals (43 CFR 2807.22 and 43 CFR 2887.12) - Private Sector
Request for Alternative Requirement (43 CFR 2804.40) - Governments
Request for Alternative Requirement (43 CFR 2804.40) - Individuals
Request for Alternative Requirement (43 CFR 2804.40) - Private Sector
Request for Approval – Non-Emergency Conditions (43 CFR 2805.22(b)) - Governments
Request for Approval – Non-Emergency Conditions (43 CFR 2805.22(b)) - Individuals
Request for Approval – Non-Emergency Conditions (43 CFR 2805.22(b)) - Private Sector
Request for Collocation within Ancillary Facilities (43 CFR 2866.41) - Private Sector
Request for Exemption (43 CFR 2806.14 and 43 CFR 2866.14) - Private Sector
Request for Extension (43 CFR 2805.12(c)(5)) - Governments
Request for Extension (43 CFR 2805.12(c)(5)) - Individuals
Request for Extension (43 CFR 2805.12(c)(5)) - Private Sector
Request for Preliminary Application Review (43 CFR 2864.10) - Governments
Request for Preliminary Application Review (43 CFR 2864.10) - Individuals
Request for Preliminary Application Review (43 CFR 2864.10) - Private Sector
Request for Waiver or Reduction in Annual Rent (43 CFR 2806.15, 43 CFR 2866.15 and 43 CFR 2866.30) - Individuals
Request for Waiver or Reduction in Annual Rent (43 CFR 2806.15, 43 CFR 2866.15, and 43 CFR 2866.30) - Private Sector
Request for a Master Agreement (43 CFR 2804.17 & 43 CFR 2884.15) - Individuals
Request for a Master Agreement (43 CFR 2804.17 & 43 CFR 2884.15) - Private Sector
Request to Authorize Facilities Under a Single Communications Use Authorization (43 CFR 2866.38) - Governments
Request to Authorize Facilities Under a Single Communications Use Authorization (43 CFR 2866.38) - Private Sector
Rights the United States Retains – Financial Documents (43 CFR 2805.15) - Private Sector
Withdrawing Applications/Relinquishing Grants (43 CFR 2804.27 and 43 CFR 2884.24) - Governments
Withdrawing Applications/Relinquishing Grants (43 CFR 2804.27 and 43 CFR 2884.24) - Individuals
Withdrawing Applications/Relinquishing Grants (43 CFR 2804.27 and 43 CFR 2884.24) - Private Sector
Written Agreements – Category 6 Projects (43 CFR 2804.19 and 43 CFR 2884.17) - Governments	SF-299	Application for Transportation, Utility Systems, Telecommunications and Facilities on Federal Lands and Property
Written Agreements – Category 6 Projects (43 CFR 2804.19 and 43 CFR 2884.17) - Individuals	SF-299	Application for Transportation, Utility Systems, Telecommunications and Facilities on Federal Lands and Property
Written Agreements – Category 6 Projects (43 CFR 2804.19 and 43 CFR 2884.17) - Private Sector	SF-299	Application for Transportation, Utility Systems, Telecommunications and Facilities on Federal Lands and Property

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a request for a new control number. Therefore, all the burden is considered “new” and is attributed to a program change due to agency discretion. The new burden would result from the information collection requirements contained in the underlying proposed rule.

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Annual Cost to Federal Government: $15,383,010

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 12/01/2022

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