1004-0162 Supporting Statement (NPRM AE80)_03152022

NPRM 1004-AE80

U.S. DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

PAPERWORK REDUCTION ACT SUBMISSION

Supporting Statement A

Onshore Geophysical Exploration

(43 CFR 3150 and 36 CFR 228 and 251)

OMB Control Number 1004-0162

Terms of Clearance: Not applicable. The Office of Management and Budget (OMB) provided no Terms of Clearance when it last approved the collection of information under this OMB control number (see the OMB Notice of Action dated December 7, 2021).

Abstract: This information collection pertains to onshore geophysical exploration on Federal lands. Federal land-management agencies are responsible for regulating geophysical exploration on the Federal surface estate. The Bureau of Land Management (BLM) regulates exploration for oil and gas on lands it manages, and on occasion it regulates such exploration on lands managed by other Federal land-management agencies. The U.S. Forest Service (FS or Forest Service) regulates exploration for various types of minerals, including oil and gas, on lands it manages. This request is for the OMB to renew this OMB control number for an additional three years. It is being submitted to the OMB in association with the BLM’s proposed rule pertaining to fluid mineral leasing requirements (RIN 1004-AE80).

Justification

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

This information collection pertains to onshore geophysical exploration on Federal lands. Geophysical techniques involve measurements at the surface that enable operators to detect or infer the presence and position of economically useful subsurface geological deposits.

The BLM uses this collection of information to regulate geophysical exploration for oil and gas on lands it manages. The Forest Service uses this collection of information to regulate geophysical exploration for various types of minerals, including oil and gas, on lands it manages.

The BLM on occasion also regulates oil and gas geophysical exploration on Federal lands when:

• An agency of the Department of Defense refers an application for geophysical exploration to the BLM (see 43 CFR 3153.1); or

• In accordance with an interagency agreement between the Bureau of Reclamation (BOR) and the BLM, an application is received for a project that would cross BOR lands (see BLM Manual 3150.5)

The BLM and the Forest Service collect information on geophysical exploration in accordance with the following authorities:

1. Mineral Leasing Act of 1920, as amended (30 U.S.C. 181 et seq.);

2. Mineral Leasing Act of 1947 (30 U.S.C. 351‑360);

3. Federal Land Policy and Management Act (43 U.S.C. 1701-1787);

4. National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347);

5. Regulations at 43 CFR 3150 (BLM); and

6. Regulations at 36 CFR 228 and 251 (FS)

The BLM and Forest Service use the information in order to manage geophysical exploration operations that are under their respective jurisdictions.

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.

Overview

The respondents for this collection of information are “operators.” An “operator,” within the meaning of this information collection request, is a business that seeks to conduct geophysical exploration on Federal lands.

Control number 1004-0162 includes the following information-collection activities:

• Notice of Intent (NOI) and Authorization to Conduct Geophysical Operation / Outside Alaska

• NOI and Authorization to Conduct Geophysical Operation / Alaska

• Notice of Completion of Geophysical Exploration Operations

• Data and Information Obtained in Carrying Out Exploration Plan (Alaska only)

The appropriate Federal agency or agencies are available to apprise operators of practices and procedures to be followed prior to commencing geophysical operations on BLM or Forest Service lands. For example, if the holder of a BLM oil and gas lease wants to conduct geophysical exploration under the terms of the lease, such exploration may be considered a lease operation. In these circumstances, the operator may have the option of submitting either a Sundry Notice (approved under the OMB Control Number 1004-0137) or a NOI and Authorization to Conduct Geophysical Operation (Control Number 1004-0162).

Where subsurface minerals are Federally owned and the surface is owned privately or by a non-Federal government, no authorization is necessary from the Federal Government to conduct geophysical exploration operations. However, in these cases, operators must work with surface owners to obtain access to their lands.

The BLM and the Forest Service use the information in this collection to ensure a thorough, accurate, and timely review of the proposed geophysical activity to:

1. Determine that geophysical operations activities are conducted in a manner consistent with the regulations, local land use plans, and environmental assessments;

2. Maintain an accurate account of geophysical operations on jurisdictional lands;

3. Identify operational points of contact; and

4. Identify who will be held accountable if there is environmental and/or surface resource damage

This request covers the following information-collection activities.

Notice of Intent and Authorization to Conduct Geophysical Operation (BLM Form 3150-4 / FS Form 2800-16) / Outside Alaska

An operator must submit this form:

• To the BLM before conducting operations on BLM-administered lands;

• To the Forest Service before conducting operations on National Forest System lands; or

• To the BLM and the Forest Service before conducting operations that overlap lands managed by both agencies

This form includes standard terms and conditions. In addition, the BLM and/or the Forest Service may attach additional terms and conditions.

The surface-management agency usually conducts a pre-work field conference before approving geophysical exploration. The conference provides a means for the operator and the Federal Government to reach a consensus about the conditions under which operations may be conducted, alleviating the need for additional telephone calls and letters. If a pre-work conference is held, the NOI is completed and signed at the conference.

Additionally, the proposed rule would add a new requirement for the permittee to provide the BLM with all data and information obtained in carrying out the exploration plan, matching the requirement for geophysical exploration permits in Alaska.

The information resulting from this activity enables the BLM and the Forest Service to determine whether the requested geophysical exploration is consistent with their respective statutory obligations, and to develop appropriate terms and conditions for any approved operations.

Notice of Intent and Authorization to Conduct Geophysical Operation (BLM Form 3150-4 / FS Form 2800-16) / Alaska

The same form can be used for locations within Alaska, however, the regulations do not require the information to be submitted on a form approved by the Director of the Interior.

Notice of Completion of Geophysical Exploration Operations (BLM Form 3150‑5 / FS Form 2800-16a)

An operator who has conducted geophysical operations must submit this form upon completion of operations, including any required reclamation.

The BLM and the Forest Service require the operator to:

• Provide the NOI case file number and project name. The BLM and the Forest Service need this information in order to compare the NOI with the Notice of Completion.

• Identify the lessee or operator, the geophysical company, and the street address, city, state, ZIP code, phone number, and email address, and provide the information to both the BLM and the Forest Service, who need this information in order to communicate with the responsible parties.

• Identify the lands, line locations, source points, and routes that were used for activities, if different than described on the NOI. The language in the section has been updated to read, “Maps and GIS data must include clearly attributed locations of operations and facilities planned in the NOI and any deviations from the NOI in the actual access routes to and within the project area, source and receiver point locations and lines, and source point locations used in your geophysical operations. Maps and data must also include surface ownership, Federal minerals, and any Federal lands under lease. Explain reasons for deviations from the original NOI.” The BLM and the Forest Service use this information to perform inspections expeditiously to determine whether the operator is in compliance with the terms and conditions of the notice to conduct operations. The information is also necessary to determine if the BLM and the Forest Service can release the bond.

• Attach maps indicating exact location of geophysical line and shot point. The BLM and the Forest Service use this information to make on‑the‑ground inspections to identify the exact location of the project performed by a specific company to ensure compliance with NEPA requirements. This information is readily available, since the operator surveys and stakes the actual location of the line on the ground.

• Describe how the shot holes were plugged (only necessary if a shot hole is drilled).

• Include a copy of the Hole Plugging Log describing each shot hole, whether the holes were wet or dry, the static water level, flowing holes, breached or carved holes, or lost hole locations. The BLM and the Forest Service require the log only if requested. It may be used for state compliance purposes and Federal coordination. The log is sometimes part of local agreements if the geophysical line crosses different types of ownership boundaries (private or state lands in addition to public lands).

• Describe any surface disturbance, disturbance locations, and reclamation. The BLM and the Forest Service use this information to make on the ground inspections.

Data and Information Obtained in Carrying Out Exploration Plan

In addition to the Notice of Completion, an operator who has conducted geophysical explorations in Alaska must submit all data and information obtained in carrying out the terms and conditions for exploration that the operator reviewed and signed at the pre-work conference mentioned above. The proposed rule would expand the requirement to the rest of the BLM and require all operators to submit all data and information obtained in carrying out the terms and conditions for exploration that the operator reviewed and signed. This information enables the BLM and the Forest Service to verify the operator’s compliance with all terms and conditions. The regulations do not require the information to be submitted on a form approved by the Director.

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.

The approved forms are electronically available to the public in fillable, printable format on the BLM’s website at https://www.blm.gov/services/electronic-forms. The proposed forms, if approved, will replace the approved forms.

In the electronic format, respondents may complete the application portion of the BLM Form 3150-4 / FS Form 2800-16 (Notice of Intent and Authorization to Conduct Geophysical Exploration Operations), and the totality of BLM Form 3150-5 / FS Form 2800-16a (Notice of Completion of Geophysical Exploration Operations). If respondents choose to submit their forms electronically, they may do so by scanning and then emailing them to the appropriate agency office. The requested information is unique to each applicant/operator and to each specific operation because respondents are operators who apply to conduct geophysical activities on an as-needed basis.

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.

The BLM and the Forest Service have combined their NOIs into one form (with different form numbers for each agency). They have also combined their Notices of Completion into one form. Combining the BLM and Forest Service individual forms into BLM / FS forms helps ensure consistent management of geophysical operations, whether on BLM or Forest Service lands. It also facilitates authorizing projects that extend over lands under both jurisdictions, since the BLM and the Forest Service use the same information and process.

The BLM and the Forest Service collect and use the information to maintain an accurate account of operations conducted on public lands and reference for accountability if there is damage to the lands. Geophysical operations are unique events, and each proposed operation is different, varying by location, equipment, or operator, for example. No duplication of information occurs, and there is no similar information already available to assess a new proposal. The information can only be supplied by the entity proposing to conduct geophysical exploration operations on the lands involved, and it is not available from any other data source.

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

The collection will not have a significant impact on small entities. The forms are simple to complete, and the BLM’s state and field offices provide maps and land descriptions for use by small businesses and individuals. Each state and district office has a public room set aside that is equipped with computers, copying facilities, and land plats for the use of those who wish to verify land descriptions. The information the BLM and the Forest Service require is limited to the minimum necessary to maintain a record of who conducts operations on the lands. For the Forest Service, individual operators and companies have the option of completing a Notice when identifying their proposed geophysical operations, or they may supply the information in a different format, such as a letter. However, use of the standardized interagency forms reduces the paperwork and procedural burdens on individual operators and companies.

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.

The frequency of these collections of information is “on occasion.” Therefore, less frequent collection would mean no collection at all. Failure to collect the information would leave the BLM and the Forest Service with no knowledge of who is conducting geophysical exploration operations on Federal lands or where such operations are taking place. This lack of information would prevent the BLM and the Forest Service from meeting their statutorily mandated responsible management of Federal lands.

The BLM and the Forest Service developed the forms in this collection for the convenience of applicants and to facilitate processing the information by the BLM and the Forest Service. The applicant determines the frequency of when to submit the form or information. Uniform, case-by-case data submission and recordation may help identify unnecessary government requirements and permit better forecasting of future workloads.

Use of the interagency forms facilitates orderly and consistent respondent information. Through standardization of the data that the BLM and the Forest Service collect utilizing these forms, the applicants will better understand Forest Service and BLM requirements for permit review and approval. Also, the agencies will be able to better track and administer the geophysical permits and activities the BLM and the Forest Service authorize. Use of the forms produces an improved data base inventory that provides current and reliable public information. Finally, it provides better information for planning and formulating budgets.

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 the 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 that require this collection to be conducted in a manner inconsistent with the guidelines. The BLM and the Forest Service do not exceed the guidelines in 5 CFR 1320.5(d).

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 July 24, 2023, the BLM published a Notice of Proposed Rulemaking, providing the general public and interested parties the opportunity to submit comments on the proposed regulatory changes.

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

Neither the BLM nor the Forest Service 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.

Each form displays a Privacy Act notice, and any personally identifying information (PII) collected by the forms is subject to the purposes and uses listed in the Systems of Records Notice (SORN) BLM-3, Mineral Lease Management (See 73 FR 17376, April 1, 2008). The record contains the permittee’s name, address, description of the area permitted, the BLM’s assigned case file number, and information to describe the type of survey operations. The SORN outlines, among other things, the routine uses and disclosure of the records subject to the SORN, which is available at https://www.doi.gov/privacy/blm-3-mineral-lease-management. No pledge of confidentially is provided.

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.

Neither the BLM nor the Forest Service ask respondents 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. Instead, this cost should be included under “Annual Cost to Federal Government.”

Table 12-1, below, shows our estimate of the hourly cost burdens for respondents. The mean hourly wages for 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: Hourly Cost Calculation

Occupational Category	Mean Hourly Wage	Benefits Multiplier	Estimated Cost Per Hour
Mining and Geological Engineers, Including Mining Safety Engineers 17-2151	$48.29	1.4	$67.61

The estimated annual reporting burdens for this collection are shown below in Table 12-2:

Table 12-2: Estimates of Hour and Cost Burdens

Collection of Information	Number of Respondents	Frequency of Response	Number of Annual Responses	Time Per Response (hours)	Total Burden Hours	Hourly Cost	Dollar Equivalent (Burden Hours x $67.61)
NOI and Request to Conduct Geophysical Exploration Operations / Outside Alaska (43 CFR 3151.1) BLM Form 3150-4 / FS Form 2800-16	31	On occasion	3	1	3	$67.61	$203
NOI and Request to Conduct Geophysical Exploration Operations / Alaska (43 CFR 3152.1, 3152.3, 3152.4, and 3152.5) BLM Form 3150-4	1	On occasion	1	1	1	$67.61	$68
Notice of Completion of Geophysical Exploration Operations (43 CFR 3151.2 and 3152.7) BLM Form 3150-5 / FS Form 2800-16a	632	On occasion	63	.33	21	$67.61	$1,420
Data and Information Obtained in Carrying Out Exploration Plan (Alaska only) (43 CFR 3152.6)	1	On occasion	1	1	1	$67.61	$68
Totals:	68	—	68	—	26	—	$1,758

¹2 respondents for the BLM and 1 respondent for the Forest Service

² 63 respondents for the BLM and 0 respondents for the Forest Service

The costs to respondents are for time spent compiling data, researching information, and completing the information collection. Geophysical contractors generally maintain the required information in their own records, are familiar with geophysical field work, and are familiar with the applicable regulations and statutes.

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 are not required to purchase additional computer hardware or software to comply with these information collection requirements. Regulations at 43 CFR 3000.12, 3152.1, and 3152.3 require a filing fee for the information collection activity titled, “Notice of Intent and Request to Conduct Geophysical Exploration Operations / Alaska.”

The BLM is proposing to increase the existing $25 fee to $1,150. The total non-hour burden for this control number is estimated to be $1,150 annually (one notice x $1,150 per notice).

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 hourly cost to the Federal Government is based on the data at: https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2022/RUS_h.pdf. The benefits multiplier of 1.6 is implied by information at http://www.bls.gov/news.release/ecec.nr0.htm.

Table 14 -1: Hourly Cost Calculations

Position		Pay Grade	Hourly Pay Rate ($/hour)	Benefits Multiplier	Hourly Rate with Benefits	Percent of the Information Collection Completed by Each Occupation	Weighted Average Cost Per Hour
Manager		GS-14, Step 1	$53.44	1.6	$85.50	30%	$25.65
Supervisor, Petroleum Engineer, and / or Geologist		GS-13, Step 1	$45.22	1.6	$72.35	40%	$28.94
Surface Use Specialist		GS-12, Step 1	$38.03	1.6	$60.85	30%	$18.26
	Total Weighted Average: $72.85

Table 14-2, below, shows the estimated annual Federal costs for each aspect of the collection. The estimated processing time is based on the BLM’s experience. It includes conducting field inspections; on-the-ground environmental analyses, which include monitoring endangered species sites and archeological sites; conducting archeological surveys; and determining reclamation measures. The weighted average hourly wage is shown at Table 14-1, above.

Table 14-2: Estimated Annual Cost to the Government

Type of Response	Number of Responses	Processing Time Per Response (hours)	Total Processing Time (hours)	Hourly Cost	Dollar Equivalent
NOI and Request to Conduct Geophysical Exploration Operations / Outside Alaska (43 CFR 3151.1) BLM Form 3150-4 / FS Form 2800-16	3 (2 to BLM and 1 to FS)	9	27	$72.85	$1,967
NOI and Request to Conduct Geophysical Exploration Operations / Alaska (43 CFR 3152.1, 3152.3, 3152.4, and 3152.5) BLM Form 3150-4	1	9	9	$72.85	$656
Notice of Completion of Geophysical Exploration Operations (43 CFR 3151.2 and 3152.7) BLM Form 3150-5 / FS Form 2800-16a	63 (63 to BLM and 0 to FS)	9	567	$72.85	$41,306
Data and Information Obtained in Carrying Out Exploration Plan (Alaska only) (43 CFR 3152.6)	1	9	9	$72.85	$656
Totals:	68	—	612	—	$44,584

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

Currently, there are 68 annual responses, 26 annual burden hours, and $25 annual non-hour cost burdens inventoried under the OMB Control Number 1004-0162. It is not anticipated that the proposed rule will change the results to the annual responses and annual burden hours. The BLM is proposing to increase the existing $25 fee to $1,150. The total non-hour burden for this control number is estimated to be $1,150 annually (one notice x $1,150 per notice), and estimated increase of $1,125 in non-hour cost burden. This burden change is an adjustment. Previously, the total cost burden was recorded as the individual filing fee and not the total estimated annual burden cost.

Revised Information Collection Requirement

43 CFR section 3151.3 – Collection and Submission of Data

The proposed rule would add a new requirement for the permittee to provide the BLM with all data and information obtained in carrying out the exploration plan, matching the requirement for geophysical exploration permits in Alaska. This does not change the existing burden for what applicants to submit to the BLM.

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 data the BLM and the Forest Service collect as a result of this information collection will not be published for statistical use. The NEPA process will make information in each form available to the public. For the Forest Service, the Management Attainment Reporting will include information from the forms.

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 on the forms included in this information collection. The OMB number and expiration date are displayed on the form and at www.reginfo.gov.

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 requirements of 5 CFR 1320.9.

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