[Federal Register Volume 71, Number 22 (Thursday, February 2, 2006)]
[Notices]
[Pages 5684-5687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1398]


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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation


Agency Information Collection Activities; Proposed Revisions to a 
Currently Approved Information Collection; Request for Comments

AGENCY: Bureau of Reclamation, Interior.

[[Page 5685]]


ACTION: Notice of revisions to a currently approved information 
collection form (OMB No. 1006-0003).

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.), this notice announces that the following 
Information Collection Request (ICR) has been forwarded to the Office 
of Management and Budget (OMB) for review and comment: The previously-
approved Right-of-Use (ROU) Application (Form 7-2540), 43 CFR part 429, 
OMB Control Number 1006-0003, has been significantly modified, 
shortened and made clearer for short-term public uses of Reclamation 
land, facilities, and water surfaces. The ICR describes the nature of 
the information collection and its expected cost and burden.

DATES: All written comments must be received on or before March 6, 
2006.

ADDRESSES: You may send comments regarding the burden estimate, or any 
other aspect of the information collection, including suggestions for 
reducing the burden, to the Desk Officer for the Department of the 
Interior at the Office of Management and Budget, Office of Information 
and Regulatory Affairs, via facsimile to (202) 395-6566, or e-mail to 
[email protected]. A copy of your comments should also be 
directed to the Bureau of Reclamation, Attention: D-5300, P.O. Box 
25007, Denver, CO 80225-0007.

FOR FURTHER INFORMATION CONTACT: For further information or a copy of 
the proposed ROU Application Form 7-7540 contact Marian Mather, D-5300, 
P.O. Box 25007, Denver, CO 80225-0007; or by telephone: (303) 445-2895.

SUPPLEMENTARY INFORMATION: In response to public comments to the 
Federal Register (FR) notice 70 FR 43181 (July 26, 2005) relating to 
the complexity of the currently-approved ROU application form, 
Reclamation has significantly modified, shortened, and made clearer the 
ROU Application Form 7-2540 to address short-term public requests to 
use Reclamation land, facilities, and water surfaces. The public 
comments were instructive to Reclamation by pointing out that, for 
example, the types of information needed from a boating regatta 
organizer would differ significantly from that needed from a 
construction company requesting a right-of-way for placement of a fiber 
optics cable. In the latter case, Reclamation will begin using the 
Standard Form 299 (SF 299), Application for Transportation and Utility 
Systems and Facilities on Federal Lands. The SF 299 requires more in-
depth information from those individuals requesting approval to place 
and construct such infrastructure as transmission lines, 
telecommunications towers, or natural gas pipelines, or for other long-
term uses such as grazing and farming. The use of this form is in 
compliance with the Presidential Memorandum, subject: Improving Rights 
of-Way Management Across Federal Lands to Spur Broadband Deployment, 
dated March 26, 2004. Requesting the more detailed information from an 
organizer of a short-term event would be inappropriate and not be 
useful to Reclamation in determining whether to grant the request. Thus 
the decision was made, after publishing of the July 2005 FR notice 
relating to the renewal of a single ROU form, to significantly modify 
the Form 7-2540 so that appropriate information was requested from 
short-term ROU applicants.
    Title: Bureau of Reclamation Right-of-Use Application, 43 CFR 429.
    Abstract: Reclamation is responsible for approximately 8 million 
acres of land which directly support Reclamation's Federal water 
projects in the 17 western states. Individuals or entities wanting to 
use Reclamation's lands, facilities, and water surfaces must submit an 
application to gain permission for such uses based on the type of use 
for either long-term or short-term activities. Examples of short-term 
activities are recreation and sporting events, and commercial filming 
and photography. Reclamation will review and evaluate these ROU 
applications and determine whether the granting of the requested use is 
compatible with Reclamation's present or future uses of the water and 
related project lands, facilities, or water surfaces.
    Frequency: Each time a short-term right-of-use is requested.
    Respondents: Individuals, corporations, companies, and State and 
local entities that want to use Reclamation lands, facilities, or water 
surfaces.
    Estimated Annual Total Number of Respondents: 175.
    Estimated Number of Responses per Respondent: 1.0.
    Estimated Total Number of Annual Responses: 175.
    Estimated Total Annual Burden on Respondents: 350 hours.
    Estimated Completion Time Per Respondent: 2 hours.
    Non-hour Cost Burden: Processing fee of $200 per ROU Application.
    Public Comments: Notice was given in the Federal Register on July 
26, 2005 (70 FR 43181, July 26, 2005) to solicit public comments on 
Form 7-2540, which was reworked in preparation for public comment. Four 
individuals commented on this form and all comments were from an 
organized recreation activity perspective from the area of the New 
Melones Reservoir in Reclamation's Central Valley Project. The 
following are the paraphrased public comments and Reclamation's 
responses:

    Comment 1: All individuals who commented were specifically critical 
of charging a $200 application fee claiming that the application fee is 
``outrageous and not economically feasible'' and will force special 
events to take their activities elsewhere. Also, there were three 
comments which stated, in effect, that there is no ``set rate'' for the 
charging of (rental) fees and it appears as if Reclamation can 
[arbitrarily] determine such charges.
    Response: It is important to understand that the application fee 
and the value of the right of use (i.e., rental fee) are not 
established by this form. This form only states what fees are required 
according to the existing 1983 regulation, 43 CFR part 429, 
specifically Sec.  429.6(b) for the application fee (referred to as 
initial deposit fee) and section 429.6(f) for rental charges. The 
application fee must equal Reclamation's costs of administering the 
resultant ROU authorizations, as required by 31 U.S.C. 9701 and OMB 
Circular A-25. As with any applicable regulation, Reclamation does not 
have the latitude to arbitrarily waive the application fee as it is 
required by this regulation.

    Comment 2: The form is complicated, lengthy, and difficult to fill 
out and understand.
    Response: Reclamation agrees that the form was too difficult, 
lengthy, and complicated for short-term recreational uses envisioned by 
the commenters. This comment became the impetus behind Reclamation's 
decision to completely revise the ROU form referenced in the FR Notice. 
The reason for the complete revision was that the Form 7-2540 cited in 
the FR Notice was really geared more for longer term uses, such as 
broadband deployment activities, pipeline placement and construction, 
and grazing or farming leases. In addition, Reclamation became aware of 
the recent requirement for all bureaus to use the SF 299 instead of 
other forms for such activities. Thus, the issue of what form should be 
used to collect information for long term uses was resolved with the 
decision to use the SF 299.

[[Page 5686]]

    As a result of the public comments, Reclamation's Form 7-2540 was 
revised to target shorter term uses such as special recreation events, 
organized gatherings for special events, sporting events, and 
commercial filming. The resulting proposed short-term ROU Application 
Form 7-2540 is a significantly simpler, one-page form with an 
additional page of instructions, which should provide ease of 
understanding and facilitate completion for individuals requesting such 
uses of Reclamation's lands, facilities, and water surfaces.

    Comment 3: Two hours to complete the form is unacceptable.
    Response: Trying to keep both short- and long-term uses under 
Reclamation's previously approved Form 7-2540 caused confusion and 
Reclamation agrees with the commenters that it did make the form appear 
more onerous and lengthy to fill out. To facilitate completion of the 
revised ROU Application Form 7-2540 for short-term uses, it will be 
made available on the Internet where it can be downloaded and filled 
out on a personal computer or printed out for manual completion. The 
hours spent by the applicants to complete the application should not 
exceed 2 hours on average, depending upon the type of backup materials 
needed.

    Comment 4: Fishing tournaments and boat regattas are not in the 
same category as construction of transmission lines.
    Response: Reclamation agrees with this comment. In response, 
Reclamation has completely revised the previous Form 7-2540 to meet the 
needs of short-term users, such as those requesting permission to hold 
special events, like fishing tournaments and boating regattas.

    Comment 5: There is no set size of event which triggers the use of 
the application.
    Response: The size of the event does not matter as to whether a ROU 
Application Form 7-2540 is required. Section 43 CFR 429.6 requires that 
``The applicant for a right-of-use over land or estate in land, in the 
custody and control of Reclamation, must make application to the * * * 
affected [Reclamation] field office. * * *'' In contrast, the ROU 
Application Form 7-2540 does not need to be completed for day-to-day 
individual use of Reclamation's land, facilities, or water surfaces as 
long as those uses do not exclusively limit other users from enjoying 
the same area and do not interfere with or threaten project operations.

    Comment 6: There is no time limit for returning any remaining 
deposit of application fee.
    Response: The comment is a reasonable concern. The new, proposed 
ROU Application Form 7-2540 has now been modified to include a 
statement that a refund of any unused initial deposit fee will be 
completed within 30 days, provided that proper banking information for 
electronic funds transfer has been provided in a timely manner so as to 
facilitate such refund. Should their ROU request be denied, contact 
will be made with the applicant to gather banking information necessary 
to process their refund. Upon receipt of this information, the refund 
of any unused initial deposit fee will then be completed within 30 
days.

    Comment 7: One individual commented that Reclamation may ask for a 
``deposit fee of $200, and then says it may refund a part of that, or 
ask for more, after they decide how much the value of the right-of-use 
is, based on an appraisal.'' (emphasis added)
    Response: As discussed in detail in Reclamation's responses to 
comment 1 above, there are two fees or charges associated with an 
approved ROU Application Form 7-2540. Both the fee and rental charges 
are authorized and required by 43 CFR part 429. The first fee is 
referred to as an initial application fee (please refer to 
Reclamation's response to comment 6 above with regard to the conditions 
associated with a refund of an application fee). Reclamation may ask 
for additional monies for the initial application fee ONLY if the 
administrative costs of actually getting to the point of approving the 
application exceeds the initial $200 application fee. The commenter is 
incorrect to assume that asking the applicant for more money to cover 
Reclamation's administrative costs is ``based on an appraisal'' of the 
ROU; rather, it is based only on Reclamation's estimated costs of 
approving the applicant's request.
    The second required charge is the cost to the applicant for the 
rental charge or value of the authorized ROU. This rental charge is 
based on an appraisal or other acceptable means of establishing the 
value of permitting the applicant to use Federal lands or water 
surfaces (see 43 CFR 429.3).

    Comment 8: House Rule (H.R.) 4818 states that 80 percent of the use 
fees must be spent on much-needed improvements at a local level. We are 
concerned with how Reclamation will decide the fees, and who will make 
the decision.
    Response: The renewal of the ROU application at issue here has 
nothing to do with H.R. 4818. The initial application fees cover 
Reclamation's costs of reviewing and granting the ROU. The monies 
collected from the rental charges are credited in accordance with 
existing Federal reclamation law and are statutorily not available for 
direct improvements at the local level. Again, these application fees 
and rental charges are authorized by an existing regulation 43 CFR part 
429 and are independent of and not affected by H.R. 4818.

    Comment 9: One comment requested a 90-day extension to solicit 
additional comments.
    Response: This suggestion cannot be accommodated. However, the 
public is given an additional 30 days to respond to this second FR 
Notice. Individuals wishing to comment will direct their comments 
directly to the OMB at the address provided in this notice. Individuals 
should request a copy of the ROU Application Form 7-2540 from the 
Reclamation staff listed in this notice.

    Public comments are invited on the modified ROU Application Form 7-
2540 as to:
    (a) Whether the proposed information collection is necessary for 
the proper performance of Reclamation's functions to manage and operate 
Federal water projects and their associated lands, facilities, and 
water surfaces, including whether the information will have practical 
use;
    (b) The accuracy of the burden estimate for the proposed collection 
of information, including the validity of the methodology and 
assumptions used;
    (c) Ways to enhance the quality, usefulness, and clarity of the 
information to be collected; and
    (d) Ways to minimize the burden of the information collection on 
respondents, including the use of appropriate automated, electronic, 
mechanical, or other forms of information technology.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. Reclamation will display a valid 
OMB control number on the ROU Application Form 7-2540.
    OMB has up to 60 days to approve or disapprove this information 
collection, but may respond after 30 days; therefore, public comment 
should be submitted to OMB within 30 days in order to assure maximum 
consideration.
    Department of the Interior's practice is to make comments, 
including names and home addresses of respondents,

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available for public review. Individual respondents may request that we 
withhold their home address from public disclosure, which we will honor 
to the extent allowable by law. There also may be circumstances in 
which we would withhold a respondent's identity from public disclosure, 
as allowable by law. If you wish us to withhold your name and/or 
address, you must state this prominently at the beginning of your 
comment. We will make all submissions from organizations or businesses, 
and from individuals identifying themselves as representatives or 
officials of organizations or businesses, available for public 
disclosure in their entirety.

    Dated: January 25, 2006.
Roseann Gonzales,
Director, Office of Program and Policy Services, Denver Office.
[FR Doc. E6-1398 Filed 2-1-06; 8:45 am]
BILLING CODE 4310-MN-P