1004-0041 Supporting Statement 2024 Renewal OMB

1004-0041 Supporting Statement 2024 Renewal OMB.docx

Authorizing Grazing Use (43 CFR subparts 4110 and 4130)

OMB: 1004-0041

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2024 Renewal






U.S. DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT


PAPERWORK REDUCTION ACT SUBMISSION

SUPPORTING STATEMENT A


AUTHORIZING GRAZING USE (43 CFR 4110 and 4130)

OMB CONTROL NUMBER 1004-0041



Terms of Clearance: Note applicable. The Office of Management and Budget (OMB) provided no Terms of Clearance when it last approved the information collections under this OMB Control Number in April of 2021 (See OMB Notice of Action dated April 8, 2021).


Abstract: The Taylor Grazing Act of 1934 (43 U.S.C. 315) and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701) authorize the Bureau of Land Management (BLM) to administer the livestock grazing program consistent with land use plans, multiple use objectives, sustained yield, environmental values, economic considerations, and other factors. Maintaining accurate records of permittee and lessee qualifications for a grazing permit or lease, base property used in conjunction with public lands, and the actual use made by livestock authorized to graze on the public lands, is an important and integral part of the program administration and grazing management. The regulations at 43 CFR 4110.1 and 43 CFR 4110.2 require application and notice to the BLM to transfer grazing preference and to apply for a permit or lease in conjunction with a preference transfer. The regulations at 43 CFR 4130.1 require existing permittees and lessees to apply to the BLM for changes in their authorized grazing. The regulations at 43 CFR 4130.3-2(d) allow the BLM to require permittees or lessees operating under a grazing permit or lease to submit an actual grazing use report within 15 days after completing their annual grazing use, or as otherwise specified in the permit or lease. The regulations at 43 CFR 4130.6-1 allow BLM to enter into "exchange-of-use" agreements with applicants who own or control lands that are unfenced and intermingled with public lands within an allotment. The BLM requires applicants, permittees, and lessees to submit the required information on Forms 4130-1, 4130-1a, 4130-1b, 4130-3a, 4130-4, and 4130-5. This OMB Control Number is currently scheduled to expire on April 20, 2024. The BLM request that OMB renew this OMB Control Number for an additional three (3) years.


Justification


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


The Taylor Grazing Act of 1934 (43 U.S.C. 315 - 315r) and Subchapter IV of the Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1751 - 1753) authorize the Bureau of Land Management (BLM) to grant permits and leases for domestic livestock grazing on public lands, consistent with land use plans, multiple use objectives, sustained yield, and other relevant factors. The Public Rangelands Improvement Act (43 U.S.C. 1901 - 1908) requires the BLM to manage, maintain, and improve the condition of public rangelands so that they are maintained or may become as productive as feasible, for all rangeland values.


The Taylor Grazing Act authorizes the Secretary to divide public range lands into grazing districts, and to issue permits that specify the amount of grazing permitted in each district. The Taylor Grazing Act also authorizes the Secretary to authorize grazing use via leases outside grazing districts.


The Taylor Grazing Act, at 43 U.S.C. 315b, states that preference in respect to grazing permits shall be given to those within or near a grazing district who are landowners engaged in the livestock business, bona fide occupants or settlers, or owners of water or water rights. Regulations have interpreted this preference variously during the history of the Taylor Grazing Act, which was enacted in 1934. BLM regulations confer the statutory preference to applicants who own or control “base property” which is defined as follows at 43 CFR 4100.0-5:


  1. Land that has the capability to produce crops or forage that can be used to support authorized livestock for a specified period of the year, or

  2. Water that is suitable for consumption by livestock and is available and accessible, to the authorized livestock when the public lands are used for livestock grazing.


The BLM refers to an area of land designated and managed for livestock grazing as an “allotment.” FLPMA, at 43 U.S.C. 1752, provides that grazing permits and leases shall be for a term of ten years unless:


  1. The land is pending disposal;

  2. The land will be devoted to a public purpose before the end of ten years; or

  3. It will be in the best interest of sound land management to specify a shorter term.


The amount of grazing use authorized by a grazing permit or lease is expressed in terms of Animal Unit Months (AUMs). As defined at 43 CFR 4100.0-5, an AUM is the amount of forage necessary for the sustenance of one cow or its equivalent for the period of one month.


The following regulations include information-collection activities that are necessary in order to comply with the statutes listed above:


  • 43 CFR 4110.1(c), which requires applicants for grazing permits or leases to show that they are qualified to hold a grazing permit or lease;

  • 43 CFR 4110.2-1(c), which requires applicants for a new permit or lease to submit information on their base property and certify that their base property meets the requirements listed at 43 CFR 4110.2-1(a) and (b);

  • 43 CFR 4110.2-3, which requires applicants for a transfer of grazing preference to meet similar requirements;

  • 43 CFR 4130.1-1, which requires existing permittees and lessees to apply to the BLM for changes in their authorized grazing use;

  • 43 CFR 4130.3-2(d), which requires permittees or lessees operating under a grazing permit or lease to submit an actual grazing use report within 15 days after completing their annual grazing use, or as otherwise specified in the permit or lease;

  • 43 CFR 4130.4, under which the BLM issues to existing permittees and lessees an Automated Grazing Application to adjust grazing use, and which authorizes permittees and lessees to propose revisions to the BLM’s adjustments;

  • 43 CFR 4130.6-1, which authorizes the BLM to enter into “exchange-of-use” agreements with applicants who own or control lands that are unfenced and intermingled with public lands within an allotment; and

  • 43 CFR 4130.7, which provides for various means for permittees and lessees to document their ownership or control of the livestock which graze on public lands.


The BLM requires applicants, permittees, and lessees to use Forms 4130-1, 4130-1a, 4130-1b, 4130-3a, 4130-4, and 4130-5 and, in the case of grazing preference applications and preference transfer applications, may require non-form information as well.


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 BLM uses the information collected under this control number to allocate grazing use, adjudicate conflicting requests for grazing use, determine legal qualifications of applicants, issue permits, document transfers, consider exchange-of-use proposals, and maintain accurate records of actual grazing use. The details of these uses are discussed below.


Grazing Schedule Grazing Application (43 CFR 4130.1-1, Form 4130-1)


With limited exceptions (such as an exchange-of-use agreement), the BLM requires a permit or lease in order to use public lands for domestic livestock grazing. An application for a new grazing permit or lease, or for a renewal of an existing grazing permit or lease, must be filed on Form 4130-1 (Grazing Schedule Grazing Application). The following information is required on Form 4130-1:


  1. Applicant’s name and address;

  2. Location of grazing use requested (allotment name, number, and pasture number);

  3. Description of requested use (number of livestock; kind; and period of time);

  4. Percent forage from public land use;

  5. Type of Use (i.e., active use, custodial use, nonuse, ephemeral use, or trailing use);

  6. AUMs;

  7. Identification markings of livestock that will be grazing under the permit or lease; and

  8. Reason for nonuse, if requested.


The information enables the BLM to determine the availability of the relevant lands for grazing, appropriate terms and conditions for such use, and will allow the BLM to monitor the grazing use to the extent it may be granted.


Grazing Preference Application and Preference Transfer Application (43 CFR 4110.1(c), 4110.2-1(c), and 4110.2-3, Form 4130-1a and related non-form information)


In support of an application for a grazing permit or lease, or in order to apply for a transfer of a grazing preference, an applicant must submit Form 4130-1a, Grazing Application and Preference Transfer Application, as well as related non-form information. The BLM uses the information to determine whether or not to grant or transfer a grazing preference. We request the following information on Form 4130-1a:


  1. Applicant’s name and address;

  2. Description of the private lands or water offered as base property used in conjunction with the grazing permit or lease;

  3. The amount of public land permitted for grazing use, expressed in animal unit months (AUMs) and location of use, identified by allotment and associated with the offered base property; and

  4. If the application transfers preference for permitted use from another base property to the applicant’s base property, a description of the base property from which the preference for permitted use is detached and concurrence with this action by the original base property owner as well as any lienholder.


The instructions on Form 4130-1a include a statement that, in addition to form information, the BLM may require non-form information to support or verify the information respondents provide on the form. Such additional non-form information enables the BLM to determine whether or not an applicant owns or controls land or water base property and is eligible to obtain authorization to use public lands for domestic livestock grazing, in accordance with 43 CFR 4110.1 and 4110.2-1.


The information enables the BLM to determine the sufficiency of the base property offered by the applicant.


Grazing Application Supplemental Information (43 CFR 4110.1 and 4130.7, Form 4130-1b)


The BLM uses the form titled, “Grazing Application — Supplemental Information” (Form 4130-1b) in conjunction with Form 4130-1a to enable applicants to certify that they are qualified for a grazing permit or lease and to provide other information necessary to the administration of the grazing permit or lease. We request the following information on Form 4130-1b:

  1. Applicant’s name and address;

  2. Whether the applicant is a U.S. citizen or has petitioned for citizenship, a group or association, or a corporation;

  3. Whether the applicant has a satisfactory performance record as required under 43 CFR 4110.1(b);

  4. Identification of the party or parties that will own the livestock that will graze under the permit or lease;

  5. The date that a livestock control agreement, if required, will be submitted to the BLM by the applicant;

  6. The brands and other identifying markings of the livestock that will graze under the permit or lease;

  7. A listing of land owned or leased by the applicant that is within BLM grazing allotments;

  8. Disclosure of grazing authorizations issued by other BLM offices and other Federal, state, or local agencies; and

  9. The identity and contact information of the person, if any, who the applicant has authorized to represent them to the BLM.


The information assists the BLM in determining an applicant’s eligibility for a grazing permit or lease.


Automated Grazing Application (43 CFR 4130.4, Form 4130-3a)


The BLM uses the Automated Grazing Application (Form 4130-3a) to make periodic adjustments in grazing use within the terms and conditions of existing permits or leases, and to determine the amount of grazing fees. Form 4130-3a is an electronic copy of each permit and lease maintained by the BLM in its Rangeland Administration System (RAS). The RAS thus serves as a repository of data pertaining to almost 20,000 grazing permits and leases managed by the BLM. Additionally, RAS maintains electronic files about allotments, authorizations, and billing history.


The BLM does not provide public access to the RAS. However, at least once a year, the BLM provides a paper copy of Form 4130-3a to permittees and lessees, and asks them to review the following information provided on the form:


  1. Permittee’s name and address;

  2. Name and number of permitted grazing allotment(s);

  3. Number of livestock authorized;

  4. Period(s) of grazing use authorized; and

  5. Other terms and conditions of grazing use necessary for management.


The permittee/lessee then has the option of indicating on the pre-completed form to reflect any desired changes in grazing use and return the form to the BLM. If a permittee or lessee receives this form but does not return it (or returns it unchanged), then the BLM issues the permittee a bill for the active use shown on Form 4130-3a. If a permittee/lessee requests changes, the completed form must be returned to the BLM 30 to 60 days before the permitted date to begin grazing. If the form is returned with changes, the BLM uses the information to determine:


  1. Whether the level of grazing use the permittee/lessee requests will be consistent with the terms and conditions of the permit or lease;

  2. Whether the change(s) the permittee/lessee requests will be consistent with multiple use objectives stated in the applicable land use plan; and

  3. Whether the changes requested otherwise comport with the requirements of the grazing regulations.


After deciding whether or not to grant the requested changes, the BLM will assess grazing fees accordingly. The information enables the BLM to maintain up-to-date records about grazing use and to decide whether to grant requests for adjustments in grazing use and make conforming changes to grazing fees.


Application for Exchange-of-Use Grazing Agreement (43 CFR 4130.6-1, Form 3140-4)


An Exchange-of-Use Grazing Agreement is between a private landowner and a BLM grazing permittee. Under such an agreement, a BLM grazing permittee is allowed to use privately owned lands for grazing. In exchange, a non-permittee may use BLM-managed land for grazing. In order to be eligible for such an agreement, the non-permittee must own or control unfenced non-federal lands within a BLM-designated grazing allotment. No fees for livestock forage are charged by either party to an exchange-of-use agreement.


An Application for Exchange-of-Use Grazing Agreement (Form 4130-4) must be used. The BLM requests the following information on Form 4130-4:


  1. The applicant’s name and address;

  2. A legal land description of the land being offered for exchange of use;

  3. The applicant’s estimate of the grazing capacity of the land being offered in exchange of use, rated by the kind of livestock for which grazing is desired;

  4. The name of the allotment and the administering BLM field office where the lands are located; and

  5. The terms and conditions of grazing use requested (livestock number, kind, and period of use) and the estimated forage consumption in animal unit months (AUMs) that would result from such use.


By policy, the BLM generally limits the term of exchange-of-use agreements to five years before it is renegotiated. This limit recognizes that forage production on rangelands is dynamic and subject to change over time. Following completion of the application, the BLM verifies that it is accurate and that the grazing use desired will be in harmony with the management objectives for the allotment and will be compatible with existing livestock operations. If this is the case, the BLM then issues an exchange-of-use grazing authorization to the applicant, or, if the applicant is also a Federal permittee within the allotment, ensures that the terms of the agreement are incorporated into the Federal grazing permit or lease.


This type of agreement assists the BLM in managing allotments with mixed ownership, and recognizes the reality that livestock will roam across unfenced lands in the course of grazing regardless of land ownership.


Actual Grazing Use Report (43 CFR 4130.3-2(d), Form 4130-5)


The BLM uses the information on the Actual Grazing Use Report (Form 4130-5) to calculate billings (i.e., payment due to the Government for the amount of authorized livestock grazing use), and to obtain data for monitoring and evaluating livestock grazing use on the public lands.


The BLM issues a billing notice when grazing fees are due, and must receive payment in full prior to authorizing grazing use, except when an allotment management plan provides for delayed payment and is incorporated into a grazing permit or lease. In this latter situation, the BLM issues a billing notice based upon actual grazing use at the end of the grazing period/year or for a normal operation prior to the grazing period/year followed by an adjusted billing notice based upon the actual use reported after the completed grazing use (43 CFR 4130.8-1(e)).


Baseline data about each grazing allotment is and knowledge of actual livestock use are essential for monitoring and evaluating the livestock grazing management program. Information on the specific use is essential for an accurate and complete analysis and evaluation of the effects of livestock grazing during particular periods of time, considered with other factors such as the climate, growth characteristics of the vegetation, and utilization levels on the plants.


The BLM provides Form 4130-5 to permittees or lessees before we authorize the livestock to graze for one grazing period/year. This enables the permittee or lessee to complete the form as the use is made. This is necessary for the BLM to maintain a uniform and accurate billing process.


Since the BLM uses the information supplied by the reports for billing purposes, the permittee or lessee must keep accurate and current records for the period of time covered by their permit or lease.


Form 4130-5 requires the following entries:


Allotment and Pasture. Permits and leases authorize livestock use in specified areas (e.g., allotments and/or pastures). This entry identifies where livestock grazing use occurred.


Date. This entry identifies the date a change was made. The BLM uses this information to calculate total time grazed for billing purposes. This is key information along with the other entries to identify a specific event.


Number and Kind of Livestock. This entry requires the identification of the numbers of livestock allowed to graze. Information on the kind of livestock is important for billing purposes (e.g., the fee for five sheep is equivalent to the fee for one cow). It is also important for the monitoring and evaluation program, since different kinds of livestock have different forage (vegetation) preferences and effects on the vegetation and other resources.


Remarks (Reverse Side). This enables the permittee or lessee to provide information they believe should be important to the BLM. For example, the permittee may believe that unusual circumstances occurred during the reporting period, such as abnormally dry weather or the presence of poisonous plants which may cause livestock death losses or not reporting full numbers of active permitted AUMs as used. The BLM considers this information in its monitoring and evaluation program.


Signature. The permittee or lessee certifies completeness and accuracy when signing the report. The permittees or lessees are prohibited from knowingly or willfully making false statements in actual use reports (43 CFR 4140.1(b)(8)).


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.


With one exception, the forms for this collection are electronically available to the public in fillable, printable format on the BLM’s Electronic Forms website, https://www.blm.gov/services/electronic-forms, under the heading Rangeland Resources, Wild Horse and Burros. For each of these forms, a respondent who chooses to submit it electronically may do so by scanning and then emailing it to the appropriate BLM office.


The exception is the Automated Grazing Application (Form 4130-3a), which is automated, in the sense that the BLM can retrieve from its Rangeland Administration System (RAS) a computer-generated (electronic) version of Form 4130-3a for each of the almost 20,000 grazing permits and leases it administers. Each Form 4130-3a includes data specific to the permit or lease. The public cannot download a blank copy of Form 4130-3a directly from the BLM’s Forms Central website since the form is generated from the RAS.


A permittee or lessee uses Form 4130-3a to request changes to the use authorized by their existing permit/lease. Each year, up to 120 days before the first date of authorized grazing use, the BLM generates a paper copy of the form from RAS and provides it to the permittee/lessee. That paper copy re-states the terms and conditions of the existing permit or lease. Upon receiving Form 4130-3a, the permittee/lessee may request changes by marking up the paper form. The permittee/lessee may then return the paper form to the BLM by mail or email for processing, as discussed above under Item Number 2. If a permittee or lessee receives this form but does not return it (or returns it unchanged), then the BLM issues the permittee a bill for the active use shown on the form.


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 must obtain this information in order to monitor and evaluate the program and to facilitate billing for grazing use of public lands. The information we request is unique to each permittee or lessee, so the BLM can only obtain the necessary information from the respondents. There is no similar information already available and no duplication of information collection. In addition, dates and amounts of livestock turned out under grazing permits change annually based on many factors such as weather conditions, market prices, and range conditions, therefore some of the forms such as 4130-5 collect annual information and apply it to after-the-fact billing, and for out-year allotment planning.


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


Small businesses or other small entities are among the respondents. We review the requirements to ensure that the information requested of small organizations and all other potential respondents is the minimum necessary. There are no special provisions for small organizations. We structure the request to require only necessary data.


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 did not conduct the information collection, or if we conducted it less frequently, we would not be able to: (1) meet statutory and regulatory requirements for regulating domestic livestock grazing on public lands, (2) obtain current information necessary for billing to meet statutory financial responsibilities, or (3) sufficiently evaluate and monitor the success of grazing management practices.


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

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

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

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

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

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

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

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

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


There are no special circumstances requiring the collection to be conducted in a manner described above.


8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and in response to the PRA statement associated with the collection over the past three years, and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.


Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.


Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every three years — even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.


On June 13, 2023, the BLM published a Federal Register notice soliciting comments for a period of 60 days on this collection of information (88 FR 38530). The comment period closed on August 14, 2023. No comments were received in response to this notice.


Additionally, as required by 5 CFR 1320.5(a)(1)(iv), BLM published a notice in the Federal Register announcing the submission of this request to OMB and allowing the public 30 days to send comments on the proposed extension of this OMB number to OMB.


The BLM has consulted with the following respondents to obtain their views on the availability of data; frequency of collection; the clarity of instructions; the recordkeeping, disclosure, and reporting formats; and on the data elements to be recorded, disclosed, or reported:


Affiliation

City

State

Rancher

Frenchglen

OR

Rancher

Montrose

CO

Rancher

Rawlins

WY

Ranch Manager of Corporation

Beowawe

NV


All respondents indicated that the information collected on these forms was necessary for the BLM to do its job and that the information was used in a timely manner. Respondents also indicated that the estimated time to complete the forms was generally accurate; with some adding that it was dependent on whether they needed to look up the information, or whether someone was available to answer their questions. One respondent believed that the estimated time to complete Form 4130-5 (Actual Grazing Use Report) was grossly underestimated but acknowledged that their operation was larger and more complex than most.


Most respondents told us that they found the forms’ instructions straightforward and clear, but that they typically visit a BLM field office where a Rangeland Management Specialist can assist and discuss any questions or problems they may have. The BLM sometimes completes the forms for the respondents, who then review and sign them. Some respondents have not used Form 4130-1a (Grazing Application and Preference Transfer Application) or 4130-1b (Grazing Application-Supplemental Information) because they have not applied for a transfer of preference for permitted use. Several respondents have not used Form 4130-4 (Application of Exchange of Use of Agreement) because they have not applied for Exchange-of-Use. These observations verify our estimated number of responses. Our three lowest estimated number of responses are for Forms 4130-1a, 4130-1b, and 4130-4. Some respondents requested a formula imbedded in electronic forms for AUM calculation and the ability to add rows to Forms 4130-1 and 4130-5 for accurate reporting of complex grazing schedules.


The BLM also requested feedback from internal form users who assist with completing the forms and compiling the records. Their suggestions included making headings, labels, and formatting consistent across all forms; removing a row from the table on Form 4130-1 to increase space for the subsequent response; and adding a fillable box to enter the recipient’s name on Form 4130-5. There were also several suggestions that would improve readability and clarity, but that would not change the information requested. Several users requested space to identify the reason for agreement to annual reduction in use on Form 4130-5 to account for permitted AUMs not reported as actual use. The BLM was responsive to all suggested edits on the forms.



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


BLM provides no payments or gifts to the respondents.


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


As described at 72 FR 9025 (Feb. 28, 2007), a Privacy Act system of records is associated with this information collection: Interior / LLM-2, Range Management System. Also, in accordance with the E-Government Act of 2002 (44 U.S.C. 3601 – 3606, 40 U.S.C. 305, and 44 U.S.C. 3501 note), respondents are informed that providing the information is necessary to obtain or maintain a benefit.


On December 29, 2010, the Bureau of Land Management (BLM) published a notice in the Federal Register (75 FR 82061) (“Bureau of Land Management’s Range Management System—Interior, LLM–2; Notice To Amend an Existing System of Records”) proposing to change the way the BLM manages and releases grazing permit and lease information, including names and addresses. This change became final on February 8, 2011. The BLM’s public website (http://www.blm.gov/ras/) provides information about grazing administration on the National System of Public Lands, including names and addresses of all grazing permit and lease holders who graze livestock on these lands. This information is provided in consideration of a United States District Court, District of Idaho decision in Case No. CV 09-482-CWD. In that case, the Court found that there was substantial public interest in understanding the scope of the grazing and rangeland program, including knowing how many individuals or entities actually graze cattle on public lands, as well as the size and scope of their operations, and that this public interest outweighed the permit holders’ privacy interest in their names, addresses and authorization numbers.


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 require the respondents to answer questions of a sensitive nature.


12. Provide estimates of the hour burden of the collection of information. The statement should:

* Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

* If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.

* Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. 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 Table 12-1 were determined using national Bureau of Labor Statistics data at: http://www.bls.gov/oes/current/oes_nat.htm. The benefits multiplier of 1.4 is supported by information at: http://www.bls.gov/news.release/ecec.nr0.htm.


Table 12-2, below, details the individual components and respective hour burden estimates of this information collection request.


Table 12-1: Hourly Cost Calculation

Occupational Category

Mean Hourly Wage

Benefits Multiplier

Total Mean Hourly Wage


SOC Code Number 11-9013

Farmers, Ranchers, and Other Agricultural Managers

$37.81

1.4

$52.93


Table 12-2: Estimates of Hour and Cost Burdens

Information Collection

Number of Responses

Time Per Response Time (hours)

Total Hours


Hourly Wage

Annual Cost


Grazing Schedule — Grazing Application

43 CFR 4130.1-1

Form 4130-1

3,000

0.25

750

$52.93

$39,697.50

Grazing Preference Application and Preference Transfer Application (Base Property Preference Attachment and Assignment)

43 CFR 4110.1(c), 4110.2-1(c), and 4110.2-3

Form 4130-1a and related non-form information

900

0.58

522

$52.93

$27,629.46

Grazing Application Supplemental Information

43 CFR 4110.1 and 4130.7

Form 4130-1b

900

0.5

450

$52.93

$23,818.50

Automated Grazing Application

43 CFR 4130.4

Form 4130-3a

14,000

0.17

2,380

$52.93

$125,973.40

Application for Exchange-of-Use Grazing Agreement

43 CFR 4130.6-1

Form 4130-4

10

0.3

3

$52.93

$158.79

Actual Grazing Use Report

43 CFR 4130.3-2(d)

Form 4130-5

15,000

0.25

3,750

$52.93

$198,487.50

Totals:

33,810

7,855

$415,765


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 maintain grazing information while conducting usual and customary ranch business. Respondents are not required to purchase any additional computer hardware or software to comply with these information requirements. There are no capital and start-up costs involved with this information collection. Respondents incur a $10 service charge for the processing of Form 4130-1. That estimated burden is shown below:


Table 13: Estimated Non-Hour Cost Burdens

Information Collection

Number of Responses

Amount of Service Charge Per Response

Annual Cost


Grazing Schedule — Grazing Application, 43 CFR 4130.1-1 / Form 4130-1

3,000

$10

$30,000


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 estimate of annual cost to the Federal Government is based on a calculation of hours and hourly wages involved in processing the responses. This calculation includes the cost incurred by the BLM from the receiving point of the respondent’s application or report to the issuance or approval of the land use authorization, reconciliation billing, or recording and analysis of the report. This includes the time for clerical staffs to receive the application or report, route it to appropriate technical staff for processing, managerial staff to review and approve the authorization and technical and clerical staff to issue the subsequent land use authorization.


The hourly cost to the Federal Government is based on U.S. Office of Personnel Management Salary Table data at: https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2023/RUS_h.pdf. The benefits multiplier of 1.6 is implied by information at http://www.bls.gov/news.release/ecec.nr0.htm. The hourly labor cost calculations are shown below:




Table 14 -1: Hourly Labor 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 Avg. ($/hour)


Range Clerk

GS-7/5

$25.36

1.6

$40.58

40%

$16.23

Rangeland Management Specialist

GS-9/5

$31.02

1.6

$49.63

50%

$24.82

Supervisory Rangeland Management Specialist

GS-12/5

$44.98

1.6

$71.97

10%

$7.20

Totals:

100%

$48.24


Table 14-2: Estimated Annual Cost to the Government

Information Collection

Number of Responses

Time Per Response

Total Staff Hours


Hourly Rate

Total Labor Cost


Grazing Schedule — Grazing Application

43 CFR 4130.1-1

Form 4130-1

3,000

0.67

2,010

$48.24

$96,962

Grazing Preference Application and Preference Transfer Application (Base Property Preference Attachment and Assignment)

43 CFR 4110.1(c), 4110.2-1(c), and 4110.2-3

Form 4130-1a and related non-form information

900

1.25

1,125

$48.24

$54,270

Grazing Application Supplemental Information

43 CFR 4110.1 and 4130.7

Form 4130-1b

900

1.25

1,125

$48.24

$54,270

Automated Grazing Application

43 CFR 4130.4

Form 4130-3a

14,000

0.5

7,000

$48.24

$337,680

Application for Exchange-of-Use Grazing Agreement

43 CFR 4130.6-1

Form 4130-4

10

1.25

13

$48.24

$603

Actual Grazing Use Report

43 CFR 4130.3-2(d)

Form 4130-5

15,000

1.17

17,550

$48.24

$846,612

Total Federal Cost:


$1,390,397



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


There are no program changes. There is an adjustment increase of +44 annual burden hours due to correcting calculations errors that were present in the last renewal cycle.


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 BLM publishes grazing authorization information in the Public Land Statistics once a year. In addition, BLM grazing authorization information is available to the public in real time on a permit and allotment basis via the use of Geographic Information System technologies. See: http://www.geocommunicator.gov/NILS-PARCEL2/map.jsp?MAP=GA.


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 OMB control number and expiration date of the OMB approval on the forms included in this information collection. Additionally, the OMB control number and expiration date are available 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 outlined in 5 CFR 1320.9.






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