Supporting Statement for Bonneville Power Administration - Application for Proposed Use of BPA Right-of-Way

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Supporting Statement for Bonneville Power Administration - Application for Proposed Use of BPA Right-of-Way
OMB No. 1910-5205
  
Table of Contents
Part A: Justification	3
Introduction	3
A.1. Legal Justification	3
A.2. Needs and Uses of Data	4
A.3. Use of Technology	4
A.4. Efforts to Identify Duplication	4
A.5. Provisions for Reducing Burden on Small Businesses	5
A.6. Consequences of Less-Frequent Reporting	5
A.7. Compliance with 5 CFR 1320.5	5
A.8. Summary of Consultations Outside of the Agency	6
A.9. Payments or Gifts to Respondents	6
A.10. Provisions for Protection of Information	6
A.11. Justification for Sensitive Questions	6
A.12A. Estimate of Respondent Burden Hours	7
A.12B. Estimate of Annual Cost to Respondent for Burden Hours	7
A.13. Other Estimated Annual Cost to Respondents	8
A.14. Annual Cost to the Federal Government	8
A.15. Reasons for Changes in Burden	8
A.16. Collection, Tabulation, and Publication Plans	9
A.17. OMB Number and Expiration Date	9
A.18. Certification Statement	9



	
	
       Part A: Justification
Introduction
Provide a brief introduction of the Information Collection Request.  Include the purpose of this collection, note the publication of the 60-Day Federal Register Notice, and provide the list of forms within this collection.
Bonneville Power Administration (BPA) has submitted to the Office of Management and Budget (OMB) for clearance, a revision of a collection of information pursuant to the Paperwork Reduction Act of 1995. The proposed revision will allow BPA to improve the information collection to better assess whether the applicants’ proposed use of right-of-way interferes with BPA’s land rights.  
The Department published a 30-day Federal Register Notice and Request for Comments concerning this collection in the Federal Register on August 27, 2026, volume 91, number 165, and page number 55,328. The notice described the collection and invited interested parties to submit comments or recommendations regarding the collection. No comments were received.
The Department published a 60-day Federal Register Notice and Request for Comments concerning this collection in the Federal Register on January 27, 2026, volume 91, number 17, and page number 3481. The notice described the collection and invited interested parties to submit comments or recommendations regarding the collection. No comments were received. 
These collections require OMB approval under the Paperwork Reduction Act because the form gathers information from members of the public. The relevant instrument for this collection is the following form:
BPA F 4300.03e Application for Proposed Use of BPA Right-of-Way 
Gathering this information is necessary because BPA needs to be able to assess whether the applicants’ proposed use of the right-of-way interferes with BPA’s land rights.
A.1. Legal Justification
Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the information collection. 
BPA is a power marketing administration, a federal nonprofit agency based in the Pacific Northwest. Although BPA is part of the U.S. Department of Energy, it is self-funding and covers its costs by selling its products and services. BPA markets wholesale electrical power from 31 federal hydro-electric dams in the Columbia River Basin, one non-federal nuclear plant and several other small non-federal power plants. The U.S. Army Corps of Engineers and the Bureau of Reclamation own and operate the federal dams. BPA is responsible for marketing about one-third of the electric power used in the Northwest.
BPA also operates and maintains about three-fourths of the high-voltage transmission in its service territory. BPA's service territory includes Idaho, Oregon, Washington, western Montana and small parts of eastern Montana, California, Nevada, Utah, and Wyoming.
As part of its responsibilities, BPA promotes energy efficiency, renewable resources, and new technologies. The agency also funds regional efforts to protect and rebuild fish and wildlife populations affected by hydroelectric power development in the Columbia River Basin.
BPA uses this information collection to assess whether the applicants proposed use of right-of-way interferes with BPA’s land rights.  BPA derives its authority from 16 U.S.C. 832a(c) pertaining to the acquisition of property and 16 U.S.C. ch. 12B, 2006 (50 Stat. 733; 16 U.S.C. 832a(e) pertaining to the acquisition and management of property. 
A.2. Needs and Uses of Data
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 
The revision is based off the need to add a couple of questions to the form to better understand the type of work the applicant would like to perform in BPA’s Right-of-Way. BPA updated the submittal information, streamlining it to improve the user experience. Added a “Distance to BPA structure” question for each work type selection. It is unlikely that an applicant would have to respond to more than one of these questions. Modification of a question to a checkbox choice instead of free text response. Added an optional section for “if the BPA conductor was surveyed”. Finally, added a checkbox to the form for “if the applicant intends to provide an electronic Computer-Aided Design (CAD) file of the proposed design”.

BPA Realty Services office uses the information collection instrument to collect the following information for the following purposes:
    • Applicant/Owner information for the purpose of documenting the request and communicating with the applicant (name, address, contact information). 
    • Details about the proposed right-of-way for the evaluation by BPA authorities for the purpose of determining feasibility (location of property, property amenities, drawings).   
 A.3. Use of Technology
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. 
The instrument is a fillable electronic PDF form submitted via email ([email protected]) or mail.   The cost of additional automation significantly outweighs the potential reduction in burden on respondents. Approximately 75% of respondents submit the form electronically.
A.4. Efforts to Identify Duplication
Describe efforts to identify duplication. 
This information is not collected by other means or in another form by BPA.
A.5. Provisions for Reducing Burden on Small Businesses 
If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden. 
While the collection applies to every type of party (private individuals, small businesses, government agencies, etc.), this collection will not have a significant impact on small entities such as small businesses, organizations, or government bodies.
A.6. Consequences of Less-Frequent Reporting
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 the collection is not conducted, BPA Realty could not assess whether the proposed use of rights-of-way would interfere with BPA property rights. The applicant uses the form as needed to document project work to identify conflicts such as power line location with construction of a building under those lines.  As such, some applicants will submit more than one application a year, but each is specific to a location and project containing unique information that could not be extrapolated from a previous application.  
A.7. Compliance with 5 CFR 1320.5
Explain any special circumstances that require the collection to be conducted in a manner inconsistent with OMB guidelines: 
(a) requiring respondents to report information to the agency more often than quarterly; 
(b) requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it; 
(c) requiring respondents to submit more than an original and two copies of any document; 
(d) requiring respondents to retain records, other than health, medical government contract, grant-in-aid, or tax records, for more than three years; 
(e) 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; 
(f) requiring the use of statistical data classification that has not been reviewed and approved by OMB; 
(g) that includes a pledge of confidentiality that is not supported by authority established in stature of 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
(h) 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. 
The information collection is conducted in a manner consistent with OMB guidelines.
A.8. Summary of Consultations Outside of the Agency
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 5CFR 320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken in response to the comments. Specifically address comments received on cost and hour burden. Describe efforts to consult with persons outside DOE 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 report.
The Department published a 60-day Federal Register Notice and Request for Comments concerning this collection in the Federal Register on January 27, 2026, volume 91, number 17, and page number 3481. No comments were received. 
The Department published a 30-day Federal Register Notice and Request for Comments concerning this collection in the Federal Register on August 27, 2026, volume 91, number 165, and page number 55,328. No comments were received.
No other attempts were made to solicit input from the public.
A.9. Payments or Gifts to Respondents 
Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees. 
Respondents will not receive any payments or gifts.
A.10. Provisions for Protection of Information 
Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy. 
BPA provides notice on the instrument that information from the proposed collection will be part of a system of records covered by the Privacy Act. “This information is authorized to be maintained in Privacy Act system of records DOE-24, ‘Land Records System.’”
A.11. Justification for Sensitive Questions 
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 DOE 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. 
This information collection does not include any questions of a sensitive nature.
A.12A. Estimate of Respondent Burden Hours 
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, DOE should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample fewer than 10 potential respondents is desirable. 

Table A1. Estimated Respondent Hour Burden

Form Number/Title (and/or other Collection Instrument name)
Type of Respondents
Number of Respondents
Annual Number of Responses
Burden Hours Per Response
Annual Burden Hours
Annual Reporting Frequency
 BPA F 4300.03e Application for Proposed Use of BPA Right-of-Way
 Members of the Public
400 
400
1.16
464
 1
TOTAL
 
400
400
 
464
 

BPA receives about 400 submittals of this form annually. The burden hours are based on observation of a BPA engineering employee filling out the form for a notional project.
A.12B. Estimate of Annual Cost to Respondent for Burden Hours 
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’. 

Annual cost to the public is estimated to be $33,802.40 based on a Construction, extraction, farming, fishing, and forestry occupations (Table 4 Private Industry Worker by Occupational and Industry Group) fully-burdened wage (45.53 x 1.6) of $72.85 per hour using the BLS Employer Costs for Employee Compensation Summary - 2026 Q02 Results and 464 burden hours for the responses. Capital and start-up costs do not apply to these forms.

Table A2. Estimated Respondent Cost Burden

Type of Respondents
Total Annual Burden Hours
Hourly Wage Rate
Total Respondent Costs

 Members of the Public
464
 $72.85
$33,802.40

TOTAL
464
 
$33,802.40


A.13. Other Estimated Annual Cost to Respondents
Provide an estimate for the total annual cost burden to respondents or recordkeepers resulting from the collection of information. 
Applications where a fee is paid are estimated to represent only 20% of the total applications (80 applications); of those applications, about 50% (40 applications) are for developments or subdivisions ($250) and 50% (40) are for longitudinal occupancies ($2,500).  So, 40 responses x $250 fee = $10,000 and 40 responses x $2,500 fee = $100,000. This results in a total cost of $110,000, which is cost recovery from the applicants for the service provided of assessing the projects for their impacts on BPA’s land rights.  Other than those described here, BPA does not anticipate any additional annual cost burden to respondents. There will be no ongoing operation or maintenance costs for respondents.
A.14. Annual Cost to the Federal Government 
Provide estimates of annualized cost to the Federal government. 
The estimated budget for the BPA Realty office that processes this information collection is $47,316 annually. This includes estimated federal burden for BPA personnel processing the completed forms, which is based on the total number of hours it would take to complete review and verification of information. The estimate for a General Schedule (GS) 12 step 3 full time equivalent (FTE) with locality pay is approximately $49.29/hour multiplied by 1.6 to establish a fully burdened rate of $78.86 (based on the OPM salary tables for 2026 Pay & Leave : Salaries & Wages - OPM.gov). BPA approximates 1.5 hour to review each form and anticipates 400 forms submitted annually.
    • 400 reports/year x 1.5 hours/report x $78.86/hour = $47,316
The estimated budget for the BPA Transmission Line Engineering office that processes this information collection is $59,790 annually. This includes estimated federal burden for BPA personnel processing the completed forms, which is based on the total number of hours it would take to complete the review and verification of information. The estimate for a General Schedule (GS) 13 step 5 full time equivalent (FTE) with locality pay is approximately $62.28/hour multiplied by 1.6 to establish a fully burdened rate of $99.65 (based on the OPM salary tables for 2026 Pay & Leave : Salaries & Wages - OPM.gov). BPA approximates 1.5 hour to review each form and anticipates 400 forms submitted annually. 
    • 400 reports/year x 1.5 hours/report x 99.65/hour = $59,790
The total cost for both departments to process this form is $107,106 annually.
A.15. Reasons for Changes in Burden
Explain the reasons for any program changes or adjustments reported in Items 13 (or 14) of OMB Form 83-I. 
The increase is based off the need to add a couple of questions to the form to better understand the type of work the applicant would like to perform in BPA’s Right-of-Way. BPA updated the submittal information, streamlining it to improve the user experience. Added a “Distance to BPA structure” question for each work type selection. It is unlikely that an applicant would have to respond to more than one of these questions. Modification of a question to a checkbox choice instead of free text response. Added an optional section for “if the BPA conductor was surveyed”. Finally, added a checkbox to the form for “if the applicant intends to provide an electronic Computer-Aided Design (CAD) file of the proposed design”. Total changes should add 10 minutes to the respondent burden or 64 total hours. The cost increase is a combination of updating the time costs and the increase in time.

Table A3. ICR Summary of Burden
 
Requested
Program Change Due to Agency Discretion
Change Due to Adjustment in Agency Estimate
Previously Approved
Total Number of Responses
 400
 
 0
 400
Total Time Burden (Hr)
 464
 
 +64
 400
Total Cost Burden
$143,802

+$23,050
$120,752

A.16. Collection, Tabulation, and Publication Plans 
For collections whose results will be published, outline the plans for tabulation and publication. 
This information collection will not be published.
A.17. OMB Number and Expiration Date 
If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons why display would be inappropriate. 
BPA will display the OMB Control Number and expiration date on all collection vehicles.
A.18. Certification Statement 
Explain each exception to the certification statement identified in Item 19 of OMB Form 83-I. 
There are no exceptions to the certification statement.