Agency Information Collection Activities: OMB Control Number 1018-0102; National Wildlife Refuge Special Use Permit Applications and Reports, 27860-27863 [2017-12728]

Download as PDF 27860 Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices the proposed forms or other available information. Persons with hearing or speech impairments may access this number through TTY by calling the tollfree Federal Relay Service at (800) 877– 8339. FOR FURTHER INFORMATION CONTACT: Arlette Mussington, Office of Policy, Programs and Legislative Initiatives, PIH, Department of Housing and Urban Development, 451 7th Street SW., (L’Enfant Plaza, Room 2206), Washington, DC 20410; telephone 202– 402–4109, (this is not a toll-free number). Persons with hearing or speech impairments may access this number via TTY by calling the Federal Information Relay Service at (800) 877– 8339. Copies of available documents submitted to OMB may be obtained from Ms. Mussington. SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A. A. Overview of Information Collection Title of Information Collection: Grant Drawdown Payment Request/LOCCS/ VRS Voice Activated. OMB Approval Number: 2577–0166. Type of Request: Extension of currently approved collection. Form Numbers: 50080–CFP; 50080– NN, RSDE, RSDF, SC; 50080–PHTA; 50080–URP; 50080–FSS; 50080–IHBG; 50080–HOMI; 50080–TIHD. Description of the need for the information and proposed use: Grant recipients use the applicable payment information to request funds from HUD through the LOCCS/VRS voice activated system. The information collected on the payment voucher will also be used as an internal control measure to ensure the lawful and appropriate disbursement of Federal funds as well as provide a service to program recipients. Respondents: PHAs, state or local government. Tribes and tribally designated housing entities. Frequency of responses (drawdowns annually per program) Capital Fund ..................................................... Operating Fund ................................................. 50080–CFP 50080– OFND. 50080– RSDE. 50080–RSDF 3,100 3,100 46,500 85,200 .25 hours ..... .25 hours ..... 11,625 21,300 5 14 .25 hours ..... 3.5 5 28 .25 hours ..... 7 50080–SC ... 482 5,784 .25 hours ..... 1,446 50080–PHTA 50080–URP 50080–FSS 50080–IHBG 50080–HOMI 50080–TIHD 12 100 700 361 5 32 134 1,020 8,400 4,332 60 384 .25 .25 .25 .25 .25 .25 ..... ..... ..... ..... ..... ..... 33.5 255 2,100 83 15 96 ..................... 4,802 151,856 ..................... 36,964 Resident Opportunities and Supportive Services (ROSS) RSDE. Resident Opportunities and Supportive Services (ROSS) RSDF. Resident Opportunities and Supportive Services (ROSS) SC. Public Housing Technical Assistance ............... Hope VI ............................................................. Family Self-Sufficiency ..................................... Indian Housing Block Grant .............................. Indian HOME .................................................... Traditional Indian Housing Development ......... asabaliauskas on DSKBBXCHB2PROD with NOTICES B. Solicitation of Public Comment This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) The accuracy of the agency’s estimate of the burden of the proposed collection of information; (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 those who are to respond, including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. VerDate Sep<11>2014 17:09 Jun 16, 2017 Jkt 241001 Number of respondents Time per response (15 minutes each) Grant program Form 50080– XXXX HUD encourages interested parties to submit comment in response to these questions. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35. Dated: June 7, 2017. Merrie Nichols-Dixon, Director, Office of Policy, Programs and Legislative Initiatives. [FR Doc. 2017–12719 Filed 6–16–17; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–HQ–RF–2017–N076; FXRS12630900000–167–FF09R81000] Agency Information Collection Activities: OMB Control Number 1018– 0102; National Wildlife Refuge Special Use Permit Applications and Reports AGENCY: Fish and Wildlife Service, Interior. PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 ACTION: hours hours hours hours hours hours Burden hours Notice; request for comments. We (U.S. Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC. This IC is scheduled to expire on June 30, 2017. We 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. DATES: To ensure that we are able to consider your comments on this IC, we must receive them by July 19, 2017. ADDRESSES: Send your comments and suggestions on this information collection to the Desk Officer for the Department of the Interior at OMB– OIRA at (202) 395–5806 (fax) or OIRA_ SUMMARY: E:\FR\FM\19JNN1.SGM 19JNN1 Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices Submission@omb.eop.gov (email). Please provide a copy of your comments to the Service Information Collection Clearance Officer, U.S. Fish and Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041– 3803 (mail); or info_coll@fws.gov (email). Please include ‘‘1018–0102’’ in the subject line of your comments. You may review the ICR online at http:// www.reginfo.gov. Follow the instructions to review Department of the Interior collections under review by OMB. FOR FURTHER INFORMATION CONTACT: Service Information Collection Clearance Officer, at info_coll@fws.gov (email) or (703) 358–2503 (telephone). SUPPLEMENTARY INFORMATION: asabaliauskas on DSKBBXCHB2PROD with NOTICES I. Abstract The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd–668ee) (Administration Act), as amended by the National Wildlife Refuge System Improvement Act of 1997, consolidated all refuge units into a single National Wildlife Refuge System (System). It also authorized us to offer visitor and public programs, including those facilitated by commercial visitor and management support services, on lands of the System when we find that the activities are appropriate and compatible with the purpose(s) for which the refuge was established and the System’s mission. The Refuge Recreation Act of 1962 (16 U.S.C. 460k–460k–4) (Recreation Act) allows the use of refuges for public recreation when it is not inconsistent or does not interfere with the primary purpose(s) of the refuge. The Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.) (ANILCA) provides specific authorization and guidance for the administration and management of national wildlife refuges within the State of Alaska. Its provisions provide for the issuance of permits under certain circumstances. We issue special use permits for a specific period as determined by the type and location of the management activity or visitor service provided. These permits authorize activities such as: • Agricultural activities (haying and grazing, 50 CFR 29.1 and 29.2). • Beneficial management tools that we use to provide the best habitat possible on some refuges (50 CFR 30.11, 31.14, 31.16, and 36.41). • Special events, group visits and other one-time events (50 CFR 25.41, 25.61, 26.36, and 36.41). VerDate Sep<11>2014 17:09 Jun 16, 2017 Jkt 241001 • Recreational visitor service operations (50 CFR 25.41, 25.61, and 36.41). • Guiding for fishing, hunting, wildlife education, and interpretation (50 CFR 25.41 and 36.41). • Commercial filming (43 CFR 5, 50 CFR 27.71) and other commercial activities (50 CFR 29.1 and 36.41). • Building and using cabins to support subsistence or commercial activities (in Alaska) (50 CFR 26.35 and 36.41). • Research, inventory and monitoring, and other noncommercial activities (50 CFR 26.36 and 36.41). We use three forms to collect applicant information: • FWS Form 3–1383–G (General Activities Special Use Application). • FWS Form 3–1383–C (Commercial Activities Special Use Application). • FWS Form 3–1383–R (Research and Monitoring Special Use Application). The information we collect helps ensure that: (1) Applicants are aware of the types of information that may be needed for permit issuance; (2) requested activities are appropriate and compatible with the purpose(s) for which the refuge was established and the System’s mission; and (3) the applicant is eligible or is the most qualified applicant to receive the special use permit. We may collect the necessary information in a non-form format (through discussions in person or over the phone, over the Internet, by email, or by letter). In some instances, respondents will be able to provide information verbally. Often, a simple email or letter describing the activity will suffice. For activities (e.g., commercial visitor services, research, etc.) that might have a large impact on refuge resources, we may require applicants to provide more detail on operations, techniques, and locations. Because of the span of activities covered by special use permits and the different management needs and resources at each refuge, respondents may not be required to answer all questions. Depending on the requested activity, refuge managers have the discretion to ask for less information than appears on the forms. However, refuge managers must not ask for more or different information. We issue permits for a specific period as determined by the type and location of the use or service provided. We use these permits to ensure that the applicant is aware of the requirements of the permit and his/her legal rights. Refuge-specific special conditions may be required for the permit. We identify conditions as an addendum to the PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 27861 permit. Most of the special conditions pertain to how a permitted activity may be conducted and do not require the collection of information. However, some special conditions, such as activity reports, before and after site photographs, or data sharing, would qualify as an information collection, and we have included the associated burden below. II. Data OMB Control Number: 1018–0102. Title: National Wildlife Refuge Special Use Permit Applications and Reports, 50 CFR 25, 26, 27, 29, 30, 31, 32, & 36. Service Form Number(s): 3–1383–G, 3–1383–C, and 3–1383–R. Type of Request: Revision of a currently approved collection. Description of Respondents: Individuals and households; businesses and other for-profit organizations; nonprofit organizations; farms; and State, local, or tribal governments. Respondent’s Obligation: Required to obtain or retain a benefit. Frequency of Collection: On occasion for applications; annually or on occasion for reports. Estimated Number of Annual Responses: 7,865. Estimated Completion Time per Response: Varies from 30 minutes to 4 hours, depending on activity. Estimated Annual Burden Hours: 16,756. Estimated Annual Non-hour Burden Cost: $270,300 for fees associated with applications for commercial use activities ($100.00 × an estimated 2,703 applications). III. Comments On February 24, 2017, we published in the Federal Register (82 FR 11601) a notice of our intent to request that OMB approve this information collection. In that notice, we solicited comments for 60 days, ending on April 25, 2017. We received two comments in response to that Notice: Comment 1: A respondent commented on the authorities and regulations that allow for certain commercial activities on wildlife refuges (specifically haying/grazing/ farming and cabin rentals) and the fees that are charged, but not on the application forms themselves. FWS Response to Comment 1: The National Wildlife Refuge System Administration Act at 16 U.S.C. 668dd(a)(1) authorizes us to permit public accommodations, including commercial visitor services, on lands of the System when we find that these activities are compatible and E:\FR\FM\19JNN1.SGM 19JNN1 asabaliauskas on DSKBBXCHB2PROD with NOTICES 27862 Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices appropriate with the purpose for which the refuge was established. The respondent did not address the information collection, and we did not make any changes to our requirements. Comment 2: A second respondent provided the following comment: (1) The information collected is not necessary because it appears not to be a lawfully authorized request. Although it is difficult to know which law cited by the FWS is applicable to which CFR given because the Federal Registry entry does not appear to comply with FR requirements for specificity, see 1 CFR 21 and 22. Regardless none of the laws cited; 16 U.S.C. 668dd–668ee, 16 U.S.C. 460k–460k–4, 6 U.S.C. 3101 et seq. (it is unclear what ‘‘et seq.’’ is referring to) appear relevant at a minimum to Form 3–1383–C. The 16 U.S.C. 460k–460K–4 codes (subchapter LXVIII) is entitled ‘‘NATIONAL CONSERVATION RECREATIONAL AREAS’’, these parts only concern recreation and do not even use the word commercial, economic, business, etc. 16 U.S.C. 668dd–668ee likewise address recreation and management, conservation, etc. but has no mention of the word ‘‘commercial’’ or any other type of ‘‘economic’’ activity. 16 U.S.C. 3101 speaks to the needs of recreation and scientific purposes, et al. but no mention of commercial, economic or other business interests. Therefore, the information requested from form 3–1383–C regarding ‘‘Commercial Activities’’ would appear not only unnecessary but also unauthorized based on the authorities cited. Even the statement in Section I (Abstract) appears to acknowledge this fact: ‘‘We issue special use permits for a specific period as determined by the type and location of the management activity or visitor service provided.’’ No mention of commercial activities. (2) 29 CFR 29.1 is mentioned as both an agricultural activity and a commercial activity, however none of the statutory authority cited mentions anything to do with agricultural activity or commercial activity. Nor do they mention these activities as ‘‘permitable’’ activities. Therefore, the informational requests regarding 29 CFR 29.1 in regards to forms 3–1383–C would also appear unnecessary and also not authorized by the authorities cited. (3) 29 CFR 29.2 is mentioned as a farming activity however the regulation itself is clearly a ‘‘management activity’’ using various methods to achieve the management: ‘‘§ 29.2 Cooperative land management. VerDate Sep<11>2014 17:09 Jun 16, 2017 Jkt 241001 Cooperative agreements with persons for crop cultivation, haying, grazing, or the harvest of vegetative products, including plant life, growing with or without cultivation on wildlife refuge areas may be executed on a share-inkind basis when such agreements are in aid of or benefit to the wildlife management of the area.’’ Just performing ‘‘agricultural activities’’ does not necessarily bring the activity within the realm of ‘‘wildlife management’’ of the area. Regardless the authorities cited do not cross to 50 CFR 29.2 and if they did it could only authorize ‘‘cooperative agreements’’ not Special Use Permits, therefore this informational request must also be considered not only unnecessary but also not allowed by the authorities cited. (4) The informational requests within the forms given make no mention of how any potential commercial activity would comply with federal contracting law. As written these type of commercial activities would appear to unlawfully escape the Competition in Contract Act, Federal Acquisition Regulations and a host of other legal requirements like small business, minority and disadvantaged groups, wage requirements, etc. These types of informational requests and notifications would be required to be included within any permitting form if not addressed within other forms. Therefore, the information requests appear to be inadequate in this regard. (5) Lastly, the informational requests in the forms do not appear to comport with 1 CFR part 21 and 22 regarding authority citations. Specifically, the forms do not indicate the specific authority delegated by statute nor do they indicate any delegation from the Secretary of the Interior to the FWS, e.g. ‘‘The provisions of this subchapter and any such regulation shall be enforced by any officer or employee of the United States Fish and Wildlife Service designated by the Secretary of the Interior.’’ 16 U.S.C. 460k–3 FWS Response to Comment 2: We forwarded Comment 2 to the DOI Solicitor’s Office for review based on Jay H. questioning the authority under the cited statutes for the Service to collect information under FWS Form 3–1383– C (Commercial Activities Special Use Application). The requester did not believe that the FWS possessed the authority to act for the Secretary under the cited statutes, and did not believe that the cited statutes authorized the issuance of permits for commercial activities on national wildlife refuges. The following response to Comment 2 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 was provided by the DOI Solicitor’s Office: ‘‘The National Wildlife Refuge System Administration Act (NWRSAA), at 16 U.S.C. 668dd(a)(1), states that the National Wildlife Refuge System (NWRS), ‘‘. . . shall be administered by the Secretary through the United States Fish and Wildlife Service.’’ The Secretary (through the FWS) is authorized, under such regulations as he may prescribe, to, ‘‘. . . permit the use of any area within the System for any purpose . . . whenever he determines that such uses are compatible with the major purposes for which the areas were established. (16 U.S.C. 668dd(d)(1)(A). The term, ‘‘compatible use,’’ is defined, at 16 U.S.C. 668ee(1), to mean, ‘‘. . . a wildlife-dependent recreational use or any other use of a refuge that, in the sound professional judgement of the Director, will not materially interfere with or detract from the fulfillment of the mission of the System or the purposes of the refuge.’’ The two other statutes cited in the Federal Register notice are, 16 U.S.C. 460k–3, which refers to the authority to manage national wildlife refuges, among other conservation areas, and 16 U.S.C. 3101 et seq., which refers to management provisions for national wildlife refuges in Alaska. In both instances, the FWS has been charged with managing such wildlife refuges through the provision in the NWRSAA which states that the system shall be managed by the Secretary through the FWS. Among the regulations prescribed for management of the NWRS is 50 CFR 29.1, which specifically states that the FWS, ‘‘. . . may authorize economic use by appropriate permit only when we (FWS officials) have determined the use on a national wildlife refuge to be compatible.’’ That regulatory provision also cites to 16 U.S.C. 715s, which confirms Congress’s intent that economic uses on national wildlife refuges may be permitted, directing for the deposit of, ‘‘. . . all revenues received . . . from the sale or other disposition of animals, salmonoid carcasses, timber, hay, grass, or other products of the soil, minerals, shells, sand, or gravel, from other privileges, or from leases of public accommodations or facilities incidental to but not in conflict with the basic purposes for which those areas of the National Wildlife Refuge System were established.’’ Clearly the Secretary’s authority to manage the NWRS is delegated to the FWS, by the language of the NWRSAA cited above, and the FWS has the broad authority under the NWRSAA to permit E:\FR\FM\19JNN1.SGM 19JNN1 Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices commercial uses within national wildlife refuges which are compatible with the purpose for which an individual refuge was established and the purposes of the NWRS.’’ DEPARTMENT OF THE INTERIOR IV. Request for and Availability of Public Comments Agency Information Collection Activities: OMB Control Number 1018– 0023; Migratory Bird Harvest Information Program and Migratory Bird Surveys We again invite comments concerning this information collection on: • Whether or not the collection of information is necessary, including whether or not the information will have practical utility; • The accuracy of our estimate of the burden for this collection of information; • Ways to enhance the quality, utility, and clarity of the information to be collected; and • Ways to minimize the burden of the collection of information on respondents. Comments that you submit in response to this notice are a matter of public record. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment, including your personal identifying information, may be made publicly available at any time. While you can ask OMB in your comment to withhold your personal identifying information from public review, we cannot guarantee that it will be done. V. Authorities The authorities for this action are the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd–668ee), as amended by the National Wildlife Refuge System Improvement Act of 1997; Refuge Recreation Act of 1962 (16 U.S.C. 460k– 460k–4); Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.); and the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). asabaliauskas on DSKBBXCHB2PROD with NOTICES Dated: June 14, 2017. Madonna L. Baucum, Information Collection Clearance Officer, U.S. Fish and Wildlife Service. Fish and Wildlife Service [FWS–HQ–MB–2017–N077; FXMB12310900WHO–178–FF09M26000] Fish and Wildlife Service, Interior. ACTION: Notice; request for comments. AGENCY: We (U.S. Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC. This IC is scheduled to expire on June 30, 2017. We 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. DATES: You must submit comments on or before July 19, 2017. ADDRESSES: Send your comments and suggestions on this information collection to the Desk Officer for the Department of the Interior at OMB– OIRA at (202) 395–5806 (fax) or OIRA_ Submission@omb.eop.gov (email). Please provide a copy of your comments to the Service Information Collection Clearance Officer, U.S. Fish and Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041– 3803 (mail), or Info_Coll@fws.gov (email). Please include ‘‘1018–0023’’ in the subject line of your comments. You may review the ICR online at http:// www.reginfo.gov. Follow the instructions to review Department of the Interior collections under review by OMB. SUMMARY: FOR FURTHER INFORMATION CONTACT: [FR Doc. 2017–12728 Filed 6–16–17; 8:45 am] Service Information Collection Clearance Officer, at info_coll@fws.gov (email) or (703) 358–2503 (telephone). SUPPLEMENTARY INFORMATION: BILLING CODE 4333–15–P I. Abstract The Migratory Bird Treaty Act (16 U.S.C. 703–711) and the Fish and Wildlife Act of 1956 (16 U.S.C. 742d) designate the Department of the Interior as the key agency responsible for (1) the wise management of migratory bird populations frequenting the United VerDate Sep<11>2014 17:09 Jun 16, 2017 Jkt 241001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 27863 States, and (2) setting hunting regulations that allow appropriate harvests that are within the guidelines that will allow for those populations’ well-being. These responsibilities dictate that we gather accurate data on various characteristics of migratory bird harvest. Based on information from harvest surveys, we can adjust hunting regulations as needed to optimize harvests at levels that provide a maximum of hunting recreation while keeping populations at desired levels. Under 50 CFR 20.20, migratory bird hunters must register for the Migratory Bird Harvest Information Program (HIP) in each State in which they hunt each year. State natural resource agencies must send names and addresses of all migratory bird hunters to Branch of Harvest Surveys, U.S. Fish and Wildlife Service Division of Migratory Bird Management, on an annual basis. The Migratory Bird Hunter Survey is based on the Migratory Bird Harvest Information Program. We randomly select migratory bird hunters and ask them to report their harvest. The resulting estimates of harvest per hunter are combined with the complete list of migratory bird hunters to provide estimates of the total harvest for the species surveyed. The Parts Collection Survey estimates the species, sex, and age composition of the harvest, and the geographic and temporal distribution of the harvest. Randomly selected successful hunters who responded to the Migratory Bird Hunter Survey the previous year are asked to complete and return a postcard if they are willing to participate in the Parts Collection Survey. We provide postage-paid envelopes to respondents before the hunting season and ask them to send in a wing or the tail feathers from each duck or goose that they harvest, or a wing from each mourning dove, woodcock, band-tailed pigeon, snipe, rail, or gallinule that they harvest. We use the wings and tail feathers to identify the species, sex, and age of the harvested sample. We also ask respondents to report on the envelope the date and location of harvest for each bird. We combine the results of this survey with the harvest estimates obtained from the Migratory Bird Hunter Survey to provide speciesspecific national harvest estimates. The combined results of these surveys enable us to evaluate the effects of season length, season dates, and bag limits on the harvest of each species, and thus help us determine appropriate hunting regulations. The Sandhill Crane Harvest Survey is an annual questionnaire survey of people who obtained a sandhill crane E:\FR\FM\19JNN1.SGM 19JNN1

Agencies

[Federal Register Volume 82, Number 116 (Monday, June 19, 2017)]
[Notices]
[Pages 27860-27863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12728]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-HQ-RF-2017-N076; FXRS12630900000-167-FF09R81000]


Agency Information Collection Activities: OMB Control Number 
1018-0102; National Wildlife Refuge Special Use Permit Applications and 
Reports

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice; request for comments.

-----------------------------------------------------------------------

SUMMARY: We (U.S. Fish and Wildlife Service) will ask the Office of 
Management and Budget (OMB) to approve the information collection (IC) 
described below. As required by the Paperwork Reduction Act of 1995 and 
as part of our continuing efforts to reduce paperwork and respondent 
burden, we invite the general public and other Federal agencies to take 
this opportunity to comment on this IC. This IC is scheduled to expire 
on June 30, 2017. We 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.

DATES: To ensure that we are able to consider your comments on this IC, 
we must receive them by July 19, 2017.

ADDRESSES: Send your comments and suggestions on this information 
collection to the Desk Officer for the Department of the Interior at 
OMB-OIRA at (202) 395-5806 (fax) or

[[Page 27861]]

OIRA_Submission@omb.eop.gov (email). Please provide a copy of your 
comments to the Service Information Collection Clearance Officer, U.S. 
Fish and Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, 
VA 22041-3803 (mail); or info_coll@fws.gov (email). Please include 
``1018-0102'' in the subject line of your comments. You may review the 
ICR online at http://www.reginfo.gov. Follow the instructions to review 
Department of the Interior collections under review by OMB.

FOR FURTHER INFORMATION CONTACT: Service Information Collection 
Clearance Officer, at info_coll@fws.gov (email) or (703) 358-2503 
(telephone).

SUPPLEMENTARY INFORMATION:

I. Abstract

    The National Wildlife Refuge System Administration Act of 1966 (16 
U.S.C. 668dd-668ee) (Administration Act), as amended by the National 
Wildlife Refuge System Improvement Act of 1997, consolidated all refuge 
units into a single National Wildlife Refuge System (System). It also 
authorized us to offer visitor and public programs, including those 
facilitated by commercial visitor and management support services, on 
lands of the System when we find that the activities are appropriate 
and compatible with the purpose(s) for which the refuge was established 
and the System's mission. The Refuge Recreation Act of 1962 (16 U.S.C. 
460k-460k-4) (Recreation Act) allows the use of refuges for public 
recreation when it is not inconsistent or does not interfere with the 
primary purpose(s) of the refuge. The Alaska National Interest Lands 
Conservation Act (16 U.S.C. 3101 et seq.) (ANILCA) provides specific 
authorization and guidance for the administration and management of 
national wildlife refuges within the State of Alaska. Its provisions 
provide for the issuance of permits under certain circumstances.
    We issue special use permits for a specific period as determined by 
the type and location of the management activity or visitor service 
provided. These permits authorize activities such as:
     Agricultural activities (haying and grazing, 50 CFR 29.1 
and 29.2).
     Beneficial management tools that we use to provide the 
best habitat possible on some refuges (50 CFR 30.11, 31.14, 31.16, and 
36.41).
     Special events, group visits and other one-time events (50 
CFR 25.41, 25.61, 26.36, and 36.41).
     Recreational visitor service operations (50 CFR 25.41, 
25.61, and 36.41).
     Guiding for fishing, hunting, wildlife education, and 
interpretation (50 CFR 25.41 and 36.41).
     Commercial filming (43 CFR 5, 50 CFR 27.71) and other 
commercial activities (50 CFR 29.1 and 36.41).
     Building and using cabins to support subsistence or 
commercial activities (in Alaska) (50 CFR 26.35 and 36.41).
     Research, inventory and monitoring, and other 
noncommercial activities (50 CFR 26.36 and 36.41).
    We use three forms to collect applicant information:
     FWS Form 3-1383-G (General Activities Special Use 
Application).
     FWS Form 3-1383-C (Commercial Activities Special Use 
Application).
     FWS Form 3-1383-R (Research and Monitoring Special Use 
Application).
    The information we collect helps ensure that: (1) Applicants are 
aware of the types of information that may be needed for permit 
issuance; (2) requested activities are appropriate and compatible with 
the purpose(s) for which the refuge was established and the System's 
mission; and (3) the applicant is eligible or is the most qualified 
applicant to receive the special use permit.
    We may collect the necessary information in a non-form format 
(through discussions in person or over the phone, over the Internet, by 
email, or by letter). In some instances, respondents will be able to 
provide information verbally. Often, a simple email or letter 
describing the activity will suffice. For activities (e.g., commercial 
visitor services, research, etc.) that might have a large impact on 
refuge resources, we may require applicants to provide more detail on 
operations, techniques, and locations. Because of the span of 
activities covered by special use permits and the different management 
needs and resources at each refuge, respondents may not be required to 
answer all questions. Depending on the requested activity, refuge 
managers have the discretion to ask for less information than appears 
on the forms. However, refuge managers must not ask for more or 
different information.
    We issue permits for a specific period as determined by the type 
and location of the use or service provided. We use these permits to 
ensure that the applicant is aware of the requirements of the permit 
and his/her legal rights. Refuge-specific special conditions may be 
required for the permit. We identify conditions as an addendum to the 
permit. Most of the special conditions pertain to how a permitted 
activity may be conducted and do not require the collection of 
information. However, some special conditions, such as activity 
reports, before and after site photographs, or data sharing, would 
qualify as an information collection, and we have included the 
associated burden below.

II. Data

    OMB Control Number: 1018-0102.
    Title: National Wildlife Refuge Special Use Permit Applications and 
Reports, 50 CFR 25, 26, 27, 29, 30, 31, 32, & 36.
    Service Form Number(s): 3-1383-G, 3-1383-C, and 3-1383-R.
    Type of Request: Revision of a currently approved collection.
    Description of Respondents: Individuals and households; businesses 
and other for-profit organizations; nonprofit organizations; farms; and 
State, local, or tribal governments.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion for applications; annually or 
on occasion for reports.
    Estimated Number of Annual Responses: 7,865.
    Estimated Completion Time per Response: Varies from 30 minutes to 4 
hours, depending on activity.
    Estimated Annual Burden Hours: 16,756.
    Estimated Annual Non-hour Burden Cost: $270,300 for fees associated 
with applications for commercial use activities ($100.00 x an estimated 
2,703 applications).

III. Comments

    On February 24, 2017, we published in the Federal Register (82 FR 
11601) a notice of our intent to request that OMB approve this 
information collection. In that notice, we solicited comments for 60 
days, ending on April 25, 2017. We received two comments in response to 
that Notice:
    Comment 1: A respondent commented on the authorities and 
regulations that allow for certain commercial activities on wildlife 
refuges (specifically haying/grazing/farming and cabin rentals) and the 
fees that are charged, but not on the application forms themselves.
    FWS Response to Comment 1: The National Wildlife Refuge System 
Administration Act at 16 U.S.C. 668dd(a)(1) authorizes us to permit 
public accommodations, including commercial visitor services, on lands 
of the System when we find that these activities are compatible and

[[Page 27862]]

appropriate with the purpose for which the refuge was established. The 
respondent did not address the information collection, and we did not 
make any changes to our requirements.
    Comment 2: A second respondent provided the following comment:
    (1) The information collected is not necessary because it appears 
not to be a lawfully authorized request. Although it is difficult to 
know which law cited by the FWS is applicable to which CFR given 
because the Federal Registry entry does not appear to comply with FR 
requirements for specificity, see 1 CFR 21 and 22. Regardless none of 
the laws cited; 16 U.S.C. 668dd-668ee, 16 U.S.C. 460k-460k-4, 6 U.S.C. 
3101 et seq. (it is unclear what ``et seq.'' is referring to) appear 
relevant at a minimum to Form 3-1383-C.
    The 16 U.S.C. 460k-460K-4 codes (subchapter LXVIII) is entitled 
``NATIONAL CONSERVATION RECREATIONAL AREAS'', these parts only concern 
recreation and do not even use the word commercial, economic, business, 
etc.
    16 U.S.C. 668dd-668ee likewise address recreation and management, 
conservation, etc. but has no mention of the word ``commercial'' or any 
other type of ``economic'' activity.
    16 U.S.C. 3101 speaks to the needs of recreation and scientific 
purposes, et al. but no mention of commercial, economic or other 
business interests.
    Therefore, the information requested from form 3-1383-C regarding 
``Commercial Activities'' would appear not only unnecessary but also 
unauthorized based on the authorities cited.
    Even the statement in Section I (Abstract) appears to acknowledge 
this fact: ``We issue special use permits for a specific period as 
determined by the type and location of the management activity or 
visitor service provided.'' No mention of commercial activities.
    (2) 29 CFR 29.1 is mentioned as both an agricultural activity and a 
commercial activity, however none of the statutory authority cited 
mentions anything to do with agricultural activity or commercial 
activity. Nor do they mention these activities as ``permitable'' 
activities. Therefore, the informational requests regarding 29 CFR 29.1 
in regards to forms 3-1383-C would also appear unnecessary and also not 
authorized by the authorities cited.
    (3) 29 CFR 29.2 is mentioned as a farming activity however the 
regulation itself is clearly a ``management activity'' using various 
methods to achieve the management:

``Sec.  29.2 Cooperative land management.

    Cooperative agreements with persons for crop cultivation, haying, 
grazing, or the harvest of vegetative products, including plant life, 
growing with or without cultivation on wildlife refuge areas may be 
executed on a share-in-kind basis when such agreements are in aid of or 
benefit to the wildlife management of the area.''
    Just performing ``agricultural activities'' does not necessarily 
bring the activity within the realm of ``wildlife management'' of the 
area. Regardless the authorities cited do not cross to 50 CFR 29.2 and 
if they did it could only authorize ``cooperative agreements'' not 
Special Use Permits, therefore this informational request must also be 
considered not only unnecessary but also not allowed by the authorities 
cited.
    (4) The informational requests within the forms given make no 
mention of how any potential commercial activity would comply with 
federal contracting law. As written these type of commercial activities 
would appear to unlawfully escape the Competition in Contract Act, 
Federal Acquisition Regulations and a host of other legal requirements 
like small business, minority and disadvantaged groups, wage 
requirements, etc. These types of informational requests and 
notifications would be required to be included within any permitting 
form if not addressed within other forms. Therefore, the information 
requests appear to be inadequate in this regard.
    (5) Lastly, the informational requests in the forms do not appear 
to comport with 1 CFR part 21 and 22 regarding authority citations. 
Specifically, the forms do not indicate the specific authority 
delegated by statute nor do they indicate any delegation from the 
Secretary of the Interior to the FWS, e.g. ``The provisions of this 
subchapter and any such regulation shall be enforced by any officer or 
employee of the United States Fish and Wildlife Service designated by 
the Secretary of the Interior.'' 16 U.S.C. 460k-3
    FWS Response to Comment 2: We forwarded Comment 2 to the DOI 
Solicitor's Office for review based on Jay H. questioning the authority 
under the cited statutes for the Service to collect information under 
FWS Form 3-1383-C (Commercial Activities Special Use Application). The 
requester did not believe that the FWS possessed the authority to act 
for the Secretary under the cited statutes, and did not believe that 
the cited statutes authorized the issuance of permits for commercial 
activities on national wildlife refuges. The following response to 
Comment 2 was provided by the DOI Solicitor's Office:
    ``The National Wildlife Refuge System Administration Act (NWRSAA), 
at 16 U.S.C. 668dd(a)(1), states that the National Wildlife Refuge 
System (NWRS), ``. . . shall be administered by the Secretary through 
the United States Fish and Wildlife Service.'' The Secretary (through 
the FWS) is authorized, under such regulations as he may prescribe, to, 
``. . . permit the use of any area within the System for any purpose . 
. . whenever he determines that such uses are compatible with the major 
purposes for which the areas were established. (16 U.S.C. 
668dd(d)(1)(A). The term, ``compatible use,'' is defined, at 16 U.S.C. 
668ee(1), to mean, ``. . . a wildlife-dependent recreational use or any 
other use of a refuge that, in the sound professional judgement of the 
Director, will not materially interfere with or detract from the 
fulfillment of the mission of the System or the purposes of the 
refuge.''
    The two other statutes cited in the Federal Register notice are, 16 
U.S.C. 460k-3, which refers to the authority to manage national 
wildlife refuges, among other conservation areas, and 16 U.S.C. 3101 et 
seq., which refers to management provisions for national wildlife 
refuges in Alaska. In both instances, the FWS has been charged with 
managing such wildlife refuges through the provision in the NWRSAA 
which states that the system shall be managed by the Secretary through 
the FWS.
    Among the regulations prescribed for management of the NWRS is 50 
CFR 29.1, which specifically states that the FWS, ``. . . may authorize 
economic use by appropriate permit only when we (FWS officials) have 
determined the use on a national wildlife refuge to be compatible.'' 
That regulatory provision also cites to 16 U.S.C. 715s, which confirms 
Congress's intent that economic uses on national wildlife refuges may 
be permitted, directing for the deposit of, ``. . . all revenues 
received . . . from the sale or other disposition of animals, salmonoid 
carcasses, timber, hay, grass, or other products of the soil, minerals, 
shells, sand, or gravel, from other privileges, or from leases of 
public accommodations or facilities incidental to but not in conflict 
with the basic purposes for which those areas of the National Wildlife 
Refuge System were established.''
    Clearly the Secretary's authority to manage the NWRS is delegated 
to the FWS, by the language of the NWRSAA cited above, and the FWS has 
the broad authority under the NWRSAA to permit

[[Page 27863]]

commercial uses within national wildlife refuges which are compatible 
with the purpose for which an individual refuge was established and the 
purposes of the NWRS.''

IV. Request for and Availability of Public Comments

    We again invite comments concerning this information collection on:
     Whether or not the collection of information is necessary, 
including whether or not the information will have practical utility;
     The accuracy of our estimate of the burden for this 
collection of information;
     Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
     Ways to minimize the burden of the collection of 
information on respondents.
    Comments that you submit in response to this notice are a matter of 
public record. Before including your address, phone number, email 
address, or other personal identifying information in your comment, you 
should be aware that your entire comment, including your personal 
identifying information, may be made publicly available at any time. 
While you can ask OMB in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that it 
will be done.

V. Authorities

    The authorities for this action are the National Wildlife Refuge 
System Administration Act of 1966 (16 U.S.C. 668dd-668ee), as amended 
by the National Wildlife Refuge System Improvement Act of 1997; Refuge 
Recreation Act of 1962 (16 U.S.C. 460k-460k-4); Alaska National 
Interest Lands Conservation Act (16 U.S.C. 3101 et seq.); and the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

    Dated: June 14, 2017.
Madonna L. Baucum,
Information Collection Clearance Officer, U.S. Fish and Wildlife 
Service.
[FR Doc. 2017-12728 Filed 6-16-17; 8:45 am]
BILLING CODE 4333-15-P