1018-0174 SSA PLA Process 02132023

1018-0174 SSA PLA Process 02132023.docx

U.S. Fish and Wildlife Service Preliminary Land Acquisition Processes

OMB: 1018-0174

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Supporting Statement A for

Paperwork Reduction Act Submission

U.S. Fish and Wildlife Service

Preliminary Land Acquisition Processes

OMB Control Number 1018-0174

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.

Information collected by the U.S. Fish and Wildlife Service (in support of the Pre-Acquisition Tracking System (PATS) database) is required under applicable statutes, Department of Justice regulations, Departmental and Service policies, and best business practices. In addition, the PATS database facilitates Secretarial Orders 3356 and 3366 by tracking land acquisitions that have potential to support public hunting, fishing, and other forms of outdoor recreation, and access related thereto. The collection of realty-related information is required and supports the following authorities:

Regulations of the Attorney General Governing the Review and Approval of Title for Federal Land Acquisitions (2016);
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et al.);
National Wildlife Refuge Administration Act of 1966 (16 U.S.C. § 668dd);
Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. § 718d);
Migratory Bird Conservation Act (16 U.S.C. § 715-715r, as amended);
Land and Water Conservation Fund Act of 1965, as amended (54 U.S.C. § 200301 et seq.);
Endangered Species Act of 1973, as amended (16 U.S.C. § 1534);
Emergency Wetlands Resources Act of 1986 (16 U.S.C. § 3901); and,
Fish and Wildlife Act of 1956, as amended (16 U.S.C. § 742a).

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 Service tracks information collected from landowners as part of the preliminary land acquisition process. Information collected by the Service as part of the preliminary land acquisition process may include the following:

Initial Requests - Initial request to consider property, to include such items as:

Identifying information for the legal property owner(s), such as:
- Name of primary property owner, along with spouse and/or co-owner(s) whose names appear on the current deed to the property under review;
- Marital status;
- Other names used; and
- Contact information to include telephone numbers, personal email addresses, and mailing/home addresses.

Financial information, to include Social Security Numbers (necessary for final payment transaction). (NOTE: We collect as part of the process, but do not store within the system. The information stored securely within Interior’s Federal Business Management System.)

Property description, to include such information as:

Property name,
Location,
- Legal description, and
Introductory information.

Permission to Inspect and Appraise (FWS Form 3–2471) – Collects information about the property owner and location, and grants permission to enter and inspect the property for real estate acquisition purposes. We do not use Form 3–2471 in projects that are under Memoranda of Understanding (MOU), Memoranda of Agreement (MOA), Cooperative Agreements, some donation partnerships, and other special cases.

Inspection may include, but is not limited to:

Appraisal valuations;
Boundary survey;
Hazardous materials examination (contaminant survey); and
Physical examination of any structures on the property.

We do not use Form 3–2471 in projects that are under Memoranda of Understanding (MOU), Memoranda of Agreement (MOA), Cooperative Agreements, some donation partnerships, and other special cases.

Waiver of Appraisal Requirement (FWS Form 3–2461) – Per 49 CFR 24.102(c)(2), a willing-seller landowner may release the Service from the obligation of obtaining an appraisal for:

(1) Land donations, and

(2) Certain land acquisitions where the anticipated value is low and the valuation problem is uncomplicated.

Unless delivered in person, both the Permission to Inspect and Appraise (FWS Form 3–2471) and the Waiver of Appraisal Requirement (FWS Form 3-2461) will contain a cover letter referred to as the Access Permission Letter. The Access Permission Letter does not request any information but is used to explain the form or waiver process.

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.

Currently, most landowners submit documents to the Service in paper format by either submitting the request by email attachment, in person or by post. We estimate receiving approximately 50-75% of submissions electronically.

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 information that we collect is unique to each landowner conducting realty transactions with the Service and is not available from any other source.

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

This collection will not have a significant impact on small entities. We collect only the minimum information necessary to establish the identity of the landowner, to conduct the realty transaction, and to finalize electronic payment to the landowner.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

If we do not collect the information or if we collect the information less frequently, we could not complete the realty transaction. Further, we would be unable to comply with Internal Revenue Service requirements to prepare the required Forms 1099 or process electronic payments.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

* requiring respondents to report information to the agency more often than quarterly;

* requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

* requiring respondents to submit more than an original and two copies of any document;

* requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;

* in connection with a statistical survey that is not designed to produce valid and reliable results that can be generalized to the universe of study;

* requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

* that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

* requiring respondents to submit proprietary trade secrets, or other confidential information, unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

There are no special circumstances that require us to collect this 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 July 19, 2022, we published in the Federal Register (87 FR 43047) a notice of our intent to request that OMB approve this information collection. In that notice, we solicited comments for 60 days, ending on September 19, 2022. In an effort to increase public awareness of, and participation in, our public commenting processes associated with information collection requests, the Service also published the Federal Register notice on Regulations.gov (Docket FWS-R3-NWRS-2022-0097) to provide the public with an additional method to submit comments (in addition to the typical [email protected] email and U.S. mail submission methods). We did not receive any comments in response to that notice.

In addition to the Federal Register notice, we consulted with the nine (9) individuals identified 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:

Organization Title

N/A Private Citizen

Western River Conservancy Non-Governmental Organization

N/A Private Citizen

Ducks Unlimited Non-Governmental Organization

N/A Private Citizen

Maine Coast Heritage Trust Non-Governmental Organization

N/A Private Citizen

“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: One Commentor said that all questions seemed fair and necessary.