[Federal Register Volume 88, Number 31 (Wednesday, February 15, 2023)]
[Notices]
[Pages 9856-9858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03209]


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DEPARTMENT OF AGRICULTURE

Forest Service


Information Collection: Special Use Administration

AGENCY: Forest Service, Agriculture (USDA).

ACTION: Notice; request for comment.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the 
Forest Service is seeking comments from all interested individuals and 
organizations on the extension (with no revision) of a currently 
approved information collection, Standard Form-299 (SF-299) Application 
for Transportation, Utility Systems, Telecommunications and Facilities 
on Federal Lands and Property.

DATES: Comments must be received in writing on or before April 17, 2023 
to be assured of consideration. Comments received after that date will 
be considered to the extent practicable.

ADDRESSES: Comments concerning this notice should be addressed to USDA 
Forest Service, Attention: Lands--Special Uses, 1400 Independence 
Avenue SW, Stop 1124, Washington, DC 20250-1124. Comments also may be 
submitted via facsimile to 202-644-4700 or by email to 
[email protected]. All comments, including names and addresses 
when provided, will be placed in the record and will be available for 
public inspection and copying. The public may review comments on the 
Forest Service forms web page at https://www.fs.usda.gov/managing-land/lands-realty-management/forms. Comments will be summarized in the 
Forest Service's request for Office of Management and Budget approval 
of the information collection for special uses and will be addressed in 
a Federal Register Notice of the final revisions to the approved 
information collection.

FOR FURTHER INFORMATION CONTACT: Mark Chandler, Realty Specialist, 
Lands, National Forest Systems can be reached by phone at 202-205-1117, 
or by email at [email protected]. Individuals who use 
telecommunication devices for the deaf and hard of hearing (TDD) may 
call the Federal Relay Service (FRS) at 1-800-877-8339, 24

[[Page 9857]]

hours a day, every day of the year, including holidays.

SUPPLEMENTARY INFORMATION: 
    Title: SF-299 Application for Transportation, Utility Systems, 
Telecommunications and Facilities on Federal Lands and Property.
    OMB Number: 0596-0249.
    Expiration Date of Approval: February 28, 2023.
    Type of Request: Extension with no Revision of SF-299, Application 
for Transportation, Utility Systems, Telecommunications and Facilities 
on Federal Lands and Property, into a common form.
    Abstract: Section 6409 of the Middle-Class Tax Relief and Job 
Creation Act of 2012 (Pub. L. 112-96) contains provisions directing the 
Administrator of the General Services Administration to develop a 
common form for applications for easements and rights-of-way for all 
executive agencies that shall be used by applicants with respect to the 
buildings or other property of each such agency. On June 14, 2012, the 
President signed Executive Order 13616, ``Accelerating Broadband 
Infrastructure Deployment''. Section 4 of Executive Order 13616 
directed the General Services Administration (GSA) to develop and use 
one or more templates for uniform contract, application, and permit 
terms to facilitate nongovernment entities' use of Federal property for 
the deployment of broadband facilities. GSA created a Common Form 
Applications (GSA 3729). On January 8, 2018, the President signed 
Executive Order 13821, ``Streamlining and Expediting Requests to Locate 
Broadband Facilities in Rural America,'' which directed GSA to (1) 
evaluate the effectiveness of the GSA Common Form Application and (2) 
determine whether any revisions to the GSA Common Form Application were 
appropriate. GSA completed their evaluation of the use of the Common 
Form Application and determined that all other land management agencies 
were utilizing the SF-299 and not the Common Form Application. To 
ensure a coordinated and consistent approach across all agencies' GSA 
determined that with minor modifications, the SF-299 would serve as the 
standard application form for all agencies. The information collection 
requirements are necessary for the Forest Service to issue and 
administer special use authorizations that allow the public to use and 
occupy of National Forest System (NFS) lands under these authorities. 
The information collected is used by Forest Service officials (unless 
otherwise noted) to ensure that uses of NFS lands are authorized, in 
the public interest, and compatible with the Agency's mission; and/or 
record authorization of use granted by appropriate Forest Service 
officials.
    The Department of the Interior (DOI) statutes that authorize the 
Bureau of Land Management (BLM), Fish and Wildlife Service (FWS), 
National Park Service (NPS), and Bureau of Reclamation (BOR), along 
with the statutes for the U.S. Army Corp of Engineers (USACE), and the 
General Services Administration (GSA) authorize their collection of 
information utilizing form SF-299 ``Application for Transportation, 
Utility Systems, Telecommunications and Facilities on Federal Lands and 
Property.''
    Several statutes authorize the Forest Service to issue and 
administer authorizations for use and occupancy of NFS lands and 
collect information from the public for those purposes. The laws 
authorizing the collection of this information include the Organic 
Administration Act of 1897 (16 U.S.C. 551); Title V of the Federal Land 
Policy and Management Act of 1976 (FLPMA, 43 U.S.C. 1761-1771); Act of 
March 4, 1915 (16 U.S.C. 497); Alaska Term Permit Act of March 30, 1948 
(16 U.S.C. 497a); Act of September 3, 1954 (68 Stat. 1146; 43 U.S.C. 
931c, 931d); National Forest Ski Area Permit Act (16 U.S.C. 497b); 
section 28 of the Mineral Leasing Act (30 U.S.C. 185); National Forest 
Roads and Trails Act (FRTA, 16 U.S.C. 532-538); section 7 of the 
Granger-Thye Act (16 U.S.C. 580d); Act of May 26, 2000 (16 U.S.C. 460l-
6d); Federal Lands Recreation Enhancement Act (16 U.S.C. 6801-6814); 
Archeological Resource Protection Act of October 31, 1979 (16 U.S.C. 
470aa-470mm); and the Rural Electrification Act of 1936, as amended.
    Forest Service regulations implementing these authorities, found at 
36 CFR part 251, subpart B, contain information collection 
requirements, including submission of applications, execution of forms, 
and imposition of terms and conditions that entail information 
collection requirements, such as the requirement to submit annual 
financial information, to prepare and update an operating plan; to 
prepare and update a maintenance plan, and to submit compliance reports 
and information updates.
    The information helps the Forest Service identify the environmental 
and social impacts of special uses for purposes of compliance with the 
National Environmental Policy Act and program administration.
    Information collection occurs via application forms, as well as 
terms and conditions in special use authorizations and operating plans. 
Information is required from proponents and applicants to evaluate 
proposals and applications to use or occupy NFS lands.
    Special use authorizations encompass a variety of activities 
ranging from individual private uses to large-scale commercial 
facilities and public services. Examples of authorized special uses 
include public and private road rights-of-way, apiaries, domestic water 
supply conveyance systems, telephone and electric service rights-of-
way, oil and gas pipeline rights-of-way, communications facilities, 
hydroelectric power-generating facilities, ski areas, resorts, marinas, 
municipal sewage treatment plants, and public parks and playgrounds.
    SF-299, Application for Transportation, Utility Systems, 
Telecommunications and Facilities on Federal Lands and Property, is 
used to evaluate the applicant's technical and financial capability, 
nature of the proposed operations, and anticipated environmental 
impacts and proposed mitigation of those impacts. This form is used for 
most non-recreational NFS lands use requests. This form will also be 
used by the Department of the Interior's BLM, FWS, NPS, BOR, the USACE 
and GSA, to grant, issue, or renew rights-of-way (ROW) to use a 
specific piece of public land for a certain project.

Compliance Reports and Information Updates

Forest Service

    Estimated Annual Burden: 8 burden hours per response.
    Type of Respondents: Individuals, Businesses, Non-profit 
Organizations, and Non-Federal Governmental entities.
    Estimated Annual Number of Respondents: 2,463 respondents.

Comment Is Invited

    Comment is invited on: (1) Whether this collection of information 
is necessary for the stated purposes and the proper performance of the 
functions of the agency, including whether the information will have 
practical or scientific utility; (2) the accuracy of the agency's 
estimate of the burden of the collection of information, including the 
validity of the methodology and assumptions used; (3) ways to enhance 
the quality, utility, and clarity of the information to be collected; 
and (4) ways to minimize the burden of the collection of information on 
respondents, including the use of automated, electronic, mechanical, or 
other technological collection

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techniques or other forms of information technology.
    All comments received in response to this notice, including names 
and addresses when provided, will be a matter of public record. 
Comments will be summarized and included in the submission request 
toward Office of Management and Budget approval.

    Dated: February 1, 2023.
Troy Heithecker,
Associate Deputy Chief, National Forest System.
[FR Doc. 2023-03209 Filed 2-14-23; 8:45 am]
BILLING CODE 3411-15-P