Agency Information Collection Activities; Submission to the Office of Management and Budget; U.S. Fish and Wildlife Service Grassland Easements, 83573-83576 [2023-26294]
Download as PDF
<![CDATA[
83573
Federal Register / Vol. 88, No. 229 / Thursday, November 30, 2023 / Notices
OPERATING COST ADJUSTMENT FACTORS FOR 2024—Continued
2023
California ......................................................................................................................................
Colorado ......................................................................................................................................
Connecticut ..................................................................................................................................
Delaware ......................................................................................................................................
District of Columbia .....................................................................................................................
Florida ..........................................................................................................................................
Georgia ........................................................................................................................................
Hawaii ..........................................................................................................................................
Idaho ............................................................................................................................................
Illinois ...........................................................................................................................................
Indiana .........................................................................................................................................
Iowa .............................................................................................................................................
Kansas .........................................................................................................................................
Kentucky ......................................................................................................................................
Louisiana ......................................................................................................................................
Maine ...........................................................................................................................................
Maryland ......................................................................................................................................
Massachusetts .............................................................................................................................
Michigan .......................................................................................................................................
Minnesota ....................................................................................................................................
Mississippi ....................................................................................................................................
Missouri ........................................................................................................................................
Montana .......................................................................................................................................
Nebraska ......................................................................................................................................
Nevada .........................................................................................................................................
New Hampshire ...........................................................................................................................
New Jersey ..................................................................................................................................
New Mexico .................................................................................................................................
New York .....................................................................................................................................
North Carolina ..............................................................................................................................
North Dakota ................................................................................................................................
Ohio .............................................................................................................................................
Oklahoma .....................................................................................................................................
Oregon .........................................................................................................................................
Pacific Islands ..............................................................................................................................
Pennsylvania ................................................................................................................................
Puerto Rico ..................................................................................................................................
Rhode Island ................................................................................................................................
South Carolina .............................................................................................................................
South Dakota ...............................................................................................................................
Tennessee ...................................................................................................................................
Texas ...........................................................................................................................................
Utah .............................................................................................................................................
Vermont .......................................................................................................................................
Virgin Islands ...............................................................................................................................
Virginia .........................................................................................................................................
Washington ..................................................................................................................................
West Virginia ................................................................................................................................
Wisconsin .....................................................................................................................................
Wyoming ......................................................................................................................................
United States ...............................................................................................................................
[FR Doc. 2023–26331 Filed 11–29–23; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
khammond on DSKJM1Z7X2PROD with NOTICES
[FWS–R6–NWRS–2023–N061;
FVRS31100600000–XXX–FF06R05000; OMB
Control Number 1018–New]
Agency Information Collection
Activities; Submission to the Office of
Management and Budget; U.S. Fish
and Wildlife Service Grassland
Easements
AGENCY:
Fish and Wildlife Service,
Interior.
VerDate Sep<11>2014
17:22 Nov 29, 2023
Jkt 262001
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
Percent
change in
OCAF
2024
7.1
5.9
6.1
5.8
5.8
6.1
5.6
7.3
5.1
7.3
6.4
5
5.5
6.4
5.9
8.3
6.6
6.1
5.5
7.3
6.2
5.2
5.4
5.9
6.2
5.7
5.3
6
7.6
5.7
6
6.2
4.9
5.6
7.3
5.8
6.3
5.3
5.6
4.8
5.7
5.7
5.6
6
5.8
6
5.9
6.6
6.6
5.6
6.1
5.4
5.2
7.1
5.3
5.4
5.2
4.8
5.4
4.8
5.6
5
4.5
5.1
4.8
5
8
5.4
6.6
5.2
5.3
5.3
5.2
5.3
4.9
5.4
7
5.6
4.9
5.4
4.9
4.7
5.6
5.2
4.9
5.4
6.1
5
6.4
4.8
4.3
4.9
5.3
4.8
5.2
5.7
5.2
4.9
5.3
5.1
4.9
5.3
¥23.9
¥11.9
16.4
¥8.6
¥6.9
¥14.8
¥14.3
¥26.0
¥5.9
¥23.3
¥21.9
¥10.0
¥7.3
¥25.0
¥15.3
¥3.6
¥18.2
8.2
¥5.5
¥27.4
¥14.5
0.0
¥1.9
¥16.9
¥12.9
22.8
5.7
¥18.3
¥28.9
¥14.0
¥21.7
¥9.7
6.1
¥12.5
¥26.0
5.2
¥20.6
20.8
¥14.3
¥10.4
¥14.0
¥7.0
¥14.3
¥13.3
¥1.7
¥13.3
¥16.9
¥19.7
¥22.7
¥12.5
¥13.1
Notice of information collection;
request for comment.
ACTION:
In accordance with the
Paperwork Reduction Act of 1995, we,
the U.S. Fish and Wildlife Service
(Service), are proposing a new
information collection in use without
Office of Management and Budget
(OMB) approval.
SUMMARY:
Interested persons are invited to
submit comments on or before January
2, 2024.
DATES:
E:\FR\FM\30NON1.SGM
30NON1
83574
Federal Register / Vol. 88, No. 229 / Thursday, November 30, 2023 / Notices
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of publication
of this notice at https://
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
Review—Open for Public Comments’’ or
by using the search function. Please
provide a copy of your comments to the
Service Information Collection
Clearance Officer, U.S. Fish and
Wildlife Service, MS: PRB (JAO/3W),
5275 Leesburg Pike, Falls Church, VA
22041–3803 (mail); or by email to Info_
Coll@fws.gov. Please reference ‘‘1018–
New Grassland Easements’’ in the
subject line of your comments.
ADDRESSES:
To
request additional information about
this ICR, contact Madonna L. Baucum,
Service Information Collection
Clearance Officer, by email at Info_
Coll@fws.gov, or by telephone at (703)
358–2503. Individuals in the United
States who are deaf, deafblind, hard of
hearing, or have a speech disability may
dial 711 (TTY, TDD, or TeleBraille) to
access telecommunications relay
services. Individuals outside the United
States should use the relay services
offered within their country to make
international calls to the point-ofcontact in the United States.
FOR FURTHER INFORMATION CONTACT:
In
accordance with the Paperwork
Reduction Act (PRA, 44 U.S.C. 3501 et
seq.) and its implementing regulations
at 5 CFR 1320.8(d)(1), all information
collections require approval under the
PRA. We may not conduct or sponsor
and you are not required to respond to
a collection of information unless it
displays a currently valid OMB control
number.
On March 20, 2023, we published in
the Federal Register (88 FR 16651) a
notice of our intent to request that OMB
approve this information collection. In
that notice, we solicited comments for
60 days, ending on May 19, 2023. In an
effort to increase public awareness of,
and participation in, our public
commenting processes associated with
information collection requests (ICRs),
the Service also published the Federal
Register notice on Regulations.gov
(Docket No. FWS–R6–NWRS–2023–
0036) to provide the public with an
additional method to submit comments
(in addition to the typical Info_Coll@
fws.gov email and U.S. mail submission
methods). We received three comments
in response to that notice:
Comment 1: Email comment from
Jean Public, received on March 20,
khammond on DSKJM1Z7X2PROD with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
17:22 Nov 29, 2023
Jkt 262001
2023. The commenter did not address
the information collection requirements.
Agency Response to Comment 1: No
response required.
Comment 2: Anonymous comment
received via Regulations.gov (FWS–R6–
NWRS–2023–0036–0002) on March 29,
2023. The commenter supports the
grassland easement program, stating it is
a great step towards restoring and
conserving America’s land and wildlife.
They further opined that the program
creates a beneficial relationship between
ranchers and the Service, and easements
balance both economic gains and
environmental protection.
Agency Response to Comment 2: The
commenter did not address the
information collections; therefore, no
response required.
Comment 3: Anonymous comment
received via Regulations.gov (FWS–R6–
NWRS–2023–0036–0003) on May 14,
2023. The commenter requested that the
Service prohibit hunting, fishing, and
trapping.
Agency Response to Comment 3: The
commenter did not address the
information collections; therefore, no
response required.
As part of our continuing effort to
reduce paperwork and respondent
burdens, we invite the public and other
Federal agencies to comment on new,
proposed, revised, and continuing
collections of information. This helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. It also
helps the public understand our
information collection requirements and
provide the requested data in the
desired format.
We are especially interested in public
comment addressing the following:
(1) Whether or not the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether or not the
information will have practical utility;
(2) The accuracy of our estimate of the
burden for this 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) How might the agency minimize
the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of response.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
summarize each comment in our request
to OMB to approve this ICR. 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 us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Abstract: Vast grasslands once
covered much of North America.
Settlement, agriculture, and
development have reduced prairie
habitats to a patchwork of isolated
grasslands surrounded by croplands,
roads, and cities. Loss of grasslands is
detrimental to people as well as to
wildlife. Grasslands help reduce soil
erosion caused by wind and water. They
also filter chemicals, thus protecting our
water supplies. Vegetation such as grass,
forbs, and shrubs helps trap snow and
rain. This allows a more regulated flow
of precipitation to seep into the ground,
recharging water supplies. Grasslands
also provide season-long forage for
livestock. Many wildlife species depend
on grasslands for food, cover, and
nesting sites. Protecting grasslands
ensures that wildlife will be there for
future generations to enjoy.
In the United States, the Prairie
Pothole Region is located within the
northern Great Plains, in parts of Iowa,
Minnesota, Montana, North Dakota, and
South Dakota. Characterized by
thousands of shallow, glacially formed
wetlands known as potholes, the Prairie
Pothole Region provides habitat for
globally significant populations of
breeding waterfowl. In addition, the
Prairie Pothole Region is important
breeding and migratory habitat for many
species of grassland and wetlanddependent birds. The Migratory Bird
Hunting and Conservation Stamp Act
(16 U.S.C. 718d(b)(3)) and the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act (P.L. 109–59,
section 1119) authorize the U.S. Fish
and Wildlife Service (Service) to enter
into grassland easements with private
landowners. The Service acquires
easements from willing sellers only.
Once approved, the easements are a
permanent (perpetual) easement
between the Service and all present and
future landowners.
A grassland easement is a legal
agreement signed with the United States
of America, through the Service, that
pays the landowner to permanently
keep their land in grass. Eligible
property must lie within an approved
E:\FR\FM\30NON1.SGM
30NON1
Federal Register / Vol. 88, No. 229 / Thursday, November 30, 2023 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
county and have potential value to
wildlife. Highest priority lands are large
tracts of grassland with high wetland
densities, and native prairie or soils
most likely to be converted to cropland.
Landowners retain the right to open or
close their lands to hunting and
trapping, as they have in the past. In
addition, subsurface rights such as oil,
gas, and minerals are not affected.
However, the easement may limit
enrollment or participation in U.S.
Department of Agriculture programs
where base acres of cropland are used
to determine program eligibility, such as
the Conservation Reserve Program.
Landowners should contact their local
Farm Service Agency for information
regarding eligibility. Property subject to
a grassland easement remains on local
tax rolls. By selling easements,
landowners receive funds to pay down
debt, reinvest in capital improvements,
or buy other lands to maintain and/or
expand working lands.
Landowners who sell a grassland
easement to the Service agree to
maintain permanent vegetative cover
such as forbs, grasses, and low shrubs.
The value the Service pays is affected by
the easement type and the permitted
uses. Land encumbered by a grassland
easement may not be cultivated. If the
landowner retains grazing rights,
grazing is allowed anytime during the
year. However, mowing, haying, and
grass seed harvesting are restricted, and
may be delayed until after July 15 each
year. This specific restriction is
designed to help grassland nesting
species, such as ducks and pheasants,
complete their nesting before the grass
is disturbed.
The Service collects the following
information in conjunction with the
administration of grassland easements:
Application Process
To apply for the Grassland Easement
Program, landowners must contact the
Service to speak to a realty specialist or
field biologist, who can explain the
program and answer questions from the
landowner. If the landowner decides
they would like to participate in the
program, they complete Form 3–2573,
‘‘Easement Acquisition—Initial
Landowner Inquiry Form’’ and a site
inspection will be scheduled.
A Service realty specialist estimates
the value of the easement based on the
assessed value of the proposed land. In
situations where a landowner is
purchasing the land under a contract for
deed, in order for an easement to be
placed on the property, both the
purchaser and the contract seller, who
holds the legal title, must sign the
easement agreement. When the Service
VerDate Sep<11>2014
17:22 Nov 29, 2023
Jkt 262001
83575
accepts the easement, the landowner
will receive a letter, sent via certified
mail, notifying them of the acceptance
of the easement being recorded at the
county courthouse. A copy of the
easement will be included with the
certified letter.
Typically, within 8–12 months after
the easement is signed, the Service
makes one single lump-sum payment to
the landowner, in the form of an
electronic funds transfer (EFT) from the
U.S. Treasury, for the full amount
specified in the easement. The Interior
Business Center will issue an IRS Form
1099–S at the end of the calendar year.
The payment may not be taxable;
however, it should be reported on the
landowner’s Federal income tax return.
The Service is required to monitor
easements annually. It is the
responsibility of the refuge manager to
monitor and inspect easements for
compliance, maintain communications
with landowners, and ensure habitat
values lost or damaged as a result of
easement violations are restored. To
avoid easement violations, landowners
must contact their local Service
representative before performing any
alterations that may impact vegetation
or wetlands within the easement
boundary. Violation of easement terms
may result in legal prosecution, fines,
and restitution.
Should the quality of the grassland
easement deteriorate, the landowner
may obtain a Special Use Permit (FWS
Form 3–1383–G) to replant or rejuvenate
tame (non-native) grassland habitat. The
Service encourages grasses suitable to
the landowner’s needs and also to the
long-term benefit of wildlife. Costsharing or donated seed may be
available through Federal, State, or
private organizations. Form 3–1383–G is
currently approved under OMB Control
No. 1018–0102.
subordinates the rights of the mortgage
to those of the easement. Payment of
easements where there is a mortgage or
contract for deed is dependent on the
mortgage holder or the contract seller
and the terms of the landowner’s
agreement with them. They may require
that all or part of the money be applied
to the mortgage or contract balance, or
they may allow the entire payment to go
to the landowner.
Correction of Title Defects
The Service obtains title information
from the abstracter at no cost to the
landowner. The title is checked to
determine that all owners of record have
signed the easement. Service attorneys
review the case and furnish an opinion
of title. If the opinion indicates any title
defects, Service personnel assist the
landowner in correcting the defects
before the Service accepts the easement.
The process usually takes 6 to 9 months.
Recordkeeping Requirements
Landowners may be required to
maintain and/or furnish documentation
such as records of ownership, sales,
property characteristics, and
corresponding assessed values of record,
upon request, as part of the application
process or associated information
collections.
Subordination Agreements
Usually, mortgages do not affect
easement transactions. If the mortgage
holder needs to consent to the easement,
we will ask the mortgage holder for a
signed statement known as a
subordination agreement, which
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
Requests for Approval—Other
Improvements/Alterations
Existing farm sites and other
permanent structures are excluded from
grassland easements. Planning for future
improvements or expansions of existing
farm sites or structures is important and
should be considered at the time the
easement is executed, when practical.
Requests for improvements may be
allowed and will require prior Service
approval. To avoid easement violations,
landowners must contact their local
Service representative before
manipulating permanent vegetative
cover on easement lands.
Requests for Approval—Mowing Before
July 15th
Mowing before July 15 to control
weeds is prohibited without prior
written approval by the Service.
Notification Requirement—Sale or
Transfer of Lands
Easements, and the associated
covenants and agreements, run with the
land and are binding on all persons and
entities who come into ownership or
possession of the lands subject to the
easement. The landowner must notify
the Regional Director in writing of any
sale or transfer at least 30 days
following the sale or transfer of any
portion of the lands subject to this
easement.
Non-Hour Cost Burdens on Landowners
Landowners are responsible for the
management of and costs associated
with noxious weed and pest control,
and must also pay any fees associated
with subordination agreements. They
may file a claim for reimbursement from
the Government.
Title of Collection: U.S. Fish and
Wildlife Service Grassland Easements.
E:\FR\FM\30NON1.SGM
30NON1
83576
Federal Register / Vol. 88, No. 229 / Thursday, November 30, 2023 / Notices
OMB Control Number: 1018-New.
Form Number: 3–2573.
Type of Review: New information
collection in use without OMB
approval.
Respondents/Affected Public:
Individuals/households and private
sector.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: On occasion.
Average
number of
annual
respondents
Requirement
Average
number of
responses
each
Total Estimated Annual Non-Hour
Burden Cost: $ 2,115,000 (associated
with noxious and pest control
requirements, and subordination
agreements).
Average
completion
time per
response
(hours)
Average
number of
annual
responses
Estimated
annual burden
hours
Application Process (Form 3–2573)
Individuals ............................................................................
Private Sector ......................................................................
525
525
1
1
525
525
2
4
1,050
2,100
1
1
525
525
3
5
1,575
2,625
1
1
500
500
2
5
1,000
2,500
175
200
3
2
525
400
50
50
1
1
50
50
Correction of Title Defects
Individuals ............................................................................
Private Sector ......................................................................
525
525
Subordination Agreements
Individuals ............................................................................
Private Sector ......................................................................
500
500
Request for Approval—Other Improvements/Alterations
Individuals ............................................................................
Private Sector ......................................................................
175
200
1
1
Request for Approval—Mowing Before July 15th
Individuals ............................................................................
Private Sector ......................................................................
50
50
1
1
Notification Requirement—Sale or Transfer of Lands
Individuals ............................................................................
Private Sector ......................................................................
20
20
1
1
20
20
2
2
40
40
Totals ............................................................................
3,615
........................
3,615
........................
11,955
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.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Madonna Baucum,
Information Collection Clearance Officer, U.S.
Fish and Wildlife Service.
[FR Doc. 2023–26294 Filed 11–29–23; 8:45 am]
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[245A2100DD/AAKC001030/
A0A501010.999900]
Indian Gaming; Approval of TribalState Class III Gaming Compact
Between Redding Rancheria, California
and the State of California
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
BILLING CODE 4333–15–P
This notice publishes the
approval of the Tribal-State Compact
between the Redding Rancheria,
California and the State of California.
DATES: The Compact takes effect on
November 30, 2023.
FOR FURTHER INFORMATION CONTACT: Ms.
Paula L. Hart, Director, Office of Indian
Gaming, Office of the Assistant
Secretary—Indian Affairs, Washington,
DC 20240, IndianGaming@bia.gov; (202)
219–4066.
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:22 Nov 29, 2023
Jkt 262001
PO 00000
Frm 00046
Fmt 4703
Sfmt 9990
Under
section 11 of the Indian Gaming
Regulatory Act (IGRA), Public Law 100–
497, 25 U.S.C. 2701 et seq., the
Secretary of the Interior shall publish in
the Federal Register notice of approved
Tribal-State compacts for the purpose of
engaging in Class III gaming activities
on Indian lands. As required by 25 CFR
293.4, all compacts and amendments are
subject to review and approval by the
Secretary. The Compact permits the
Tribe to offer certain forms of Class III
gaming. The Compact is approved.
SUPPLEMENTARY INFORMATION:
Bryan Newland,
Assistant Secretary—Indian Affairs.
[FR Doc. 2023–26376 Filed 11–29–23; 8:45 am]
BILLING CODE 4337–15–P
E:\FR\FM\30NON1.SGM
30NON1
]]>Agencies
[Federal Register Volume 88, Number 229 (Thursday, November 30, 2023)]
[Notices]
[Pages 83573-83576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26294]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R6-NWRS-2023-N061; FVRS31100600000-XXX-FF06R05000; OMB Control
Number 1018-New]
Agency Information Collection Activities; Submission to the
Office of Management and Budget; U.S. Fish and Wildlife Service
Grassland Easements
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of information collection; request for comment.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we,
the U.S. Fish and Wildlife Service (Service), are proposing a new
information collection in use without Office of Management and Budget
(OMB) approval.
DATES: Interested persons are invited to submit comments on or before
January 2, 2024.
[[Page 83574]]
ADDRESSES: Written comments and recommendations for the proposed
information collection should be submitted within 30 days of
publication of this notice at https://www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting
``Currently under Review--Open for Public Comments'' or by using the
search function. Please provide a copy of your comments to the Service
Information Collection Clearance Officer, U.S. Fish and Wildlife
Service, MS: PRB (JAO/3W), 5275 Leesburg Pike, Falls Church, VA 22041-
3803 (mail); or by email to [email protected]. Please reference ``1018-
New Grassland Easements'' in the subject line of your comments.
FOR FURTHER INFORMATION CONTACT: To request additional information
about this ICR, contact Madonna L. Baucum, Service Information
Collection Clearance Officer, by email at [email protected], or by
telephone at (703) 358-2503. Individuals in the United States who are
deaf, deafblind, hard of hearing, or have a speech disability may dial
711 (TTY, TDD, or TeleBraille) to access telecommunications relay
services. Individuals outside the United States should use the relay
services offered within their country to make international calls to
the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction
Act (PRA, 44 U.S.C. 3501 et seq.) and its implementing regulations at 5
CFR 1320.8(d)(1), all information collections require approval under
the PRA. We may not conduct or sponsor and you are not required to
respond to a collection of information unless it displays a currently
valid OMB control number.
On March 20, 2023, we published in the Federal Register (88 FR
16651) a notice of our intent to request that OMB approve this
information collection. In that notice, we solicited comments for 60
days, ending on May 19, 2023. In an effort to increase public awareness
of, and participation in, our public commenting processes associated
with information collection requests (ICRs), the Service also published
the Federal Register notice on Regulations.gov (Docket No. FWS-R6-NWRS-
2023-0036) to provide the public with an additional method to submit
comments (in addition to the typical [email protected] email and U.S.
mail submission methods). We received three comments in response to
that notice:
Comment 1: Email comment from Jean Public, received on March 20,
2023. The commenter did not address the information collection
requirements.
Agency Response to Comment 1: No response required.
Comment 2: Anonymous comment received via Regulations.gov (FWS-R6-
NWRS-2023-0036-0002) on March 29, 2023. The commenter supports the
grassland easement program, stating it is a great step towards
restoring and conserving America's land and wildlife. They further
opined that the program creates a beneficial relationship between
ranchers and the Service, and easements balance both economic gains and
environmental protection.
Agency Response to Comment 2: The commenter did not address the
information collections; therefore, no response required.
Comment 3: Anonymous comment received via Regulations.gov (FWS-R6-
NWRS-2023-0036-0003) on May 14, 2023. The commenter requested that the
Service prohibit hunting, fishing, and trapping.
Agency Response to Comment 3: The commenter did not address the
information collections; therefore, no response required.
As part of our continuing effort to reduce paperwork and respondent
burdens, we invite the public and other Federal agencies to comment on
new, proposed, revised, and continuing collections of information. This
helps us assess the impact of our information collection requirements
and minimize the public's reporting burden. It also helps the public
understand our information collection requirements and provide the
requested data in the desired format.
We are especially interested in public comment addressing the
following:
(1) Whether or not the collection of information is necessary for
the proper performance of the functions of the agency, including
whether or not the information will have practical utility;
(2) The accuracy of our estimate of the burden for this 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) How might the agency minimize the burden of the collection of
information on those who are to respond, including through the use of
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of response.
Comments that you submit in response to this notice are a matter of
public record. We will include or summarize each comment in our request
to OMB to approve this ICR. 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 us in your comment to withhold your
personal identifying information from public review, we cannot
guarantee that we will be able to do so.
Abstract: Vast grasslands once covered much of North America.
Settlement, agriculture, and development have reduced prairie habitats
to a patchwork of isolated grasslands surrounded by croplands, roads,
and cities. Loss of grasslands is detrimental to people as well as to
wildlife. Grasslands help reduce soil erosion caused by wind and water.
They also filter chemicals, thus protecting our water supplies.
Vegetation such as grass, forbs, and shrubs helps trap snow and rain.
This allows a more regulated flow of precipitation to seep into the
ground, recharging water supplies. Grasslands also provide season-long
forage for livestock. Many wildlife species depend on grasslands for
food, cover, and nesting sites. Protecting grasslands ensures that
wildlife will be there for future generations to enjoy.
In the United States, the Prairie Pothole Region is located within
the northern Great Plains, in parts of Iowa, Minnesota, Montana, North
Dakota, and South Dakota. Characterized by thousands of shallow,
glacially formed wetlands known as potholes, the Prairie Pothole Region
provides habitat for globally significant populations of breeding
waterfowl. In addition, the Prairie Pothole Region is important
breeding and migratory habitat for many species of grassland and
wetland-dependent birds. The Migratory Bird Hunting and Conservation
Stamp Act (16 U.S.C. 718d(b)(3)) and the Safe, Accountable, Flexible,
Efficient Transportation Equity Act (P.L. 109-59, section 1119)
authorize the U.S. Fish and Wildlife Service (Service) to enter into
grassland easements with private landowners. The Service acquires
easements from willing sellers only. Once approved, the easements are a
permanent (perpetual) easement between the Service and all present and
future landowners.
A grassland easement is a legal agreement signed with the United
States of America, through the Service, that pays the landowner to
permanently keep their land in grass. Eligible property must lie within
an approved
[[Page 83575]]
county and have potential value to wildlife. Highest priority lands are
large tracts of grassland with high wetland densities, and native
prairie or soils most likely to be converted to cropland. Landowners
retain the right to open or close their lands to hunting and trapping,
as they have in the past. In addition, subsurface rights such as oil,
gas, and minerals are not affected. However, the easement may limit
enrollment or participation in U.S. Department of Agriculture programs
where base acres of cropland are used to determine program eligibility,
such as the Conservation Reserve Program. Landowners should contact
their local Farm Service Agency for information regarding eligibility.
Property subject to a grassland easement remains on local tax rolls. By
selling easements, landowners receive funds to pay down debt, reinvest
in capital improvements, or buy other lands to maintain and/or expand
working lands.
Landowners who sell a grassland easement to the Service agree to
maintain permanent vegetative cover such as forbs, grasses, and low
shrubs. The value the Service pays is affected by the easement type and
the permitted uses. Land encumbered by a grassland easement may not be
cultivated. If the landowner retains grazing rights, grazing is allowed
anytime during the year. However, mowing, haying, and grass seed
harvesting are restricted, and may be delayed until after July 15 each
year. This specific restriction is designed to help grassland nesting
species, such as ducks and pheasants, complete their nesting before the
grass is disturbed.
The Service collects the following information in conjunction with
the administration of grassland easements:
Application Process
To apply for the Grassland Easement Program, landowners must
contact the Service to speak to a realty specialist or field biologist,
who can explain the program and answer questions from the landowner. If
the landowner decides they would like to participate in the program,
they complete Form 3-2573, ``Easement Acquisition--Initial Landowner
Inquiry Form'' and a site inspection will be scheduled.
A Service realty specialist estimates the value of the easement
based on the assessed value of the proposed land. In situations where a
landowner is purchasing the land under a contract for deed, in order
for an easement to be placed on the property, both the purchaser and
the contract seller, who holds the legal title, must sign the easement
agreement. When the Service accepts the easement, the landowner will
receive a letter, sent via certified mail, notifying them of the
acceptance of the easement being recorded at the county courthouse. A
copy of the easement will be included with the certified letter.
Typically, within 8-12 months after the easement is signed, the
Service makes one single lump-sum payment to the landowner, in the form
of an electronic funds transfer (EFT) from the U.S. Treasury, for the
full amount specified in the easement. The Interior Business Center
will issue an IRS Form 1099-S at the end of the calendar year. The
payment may not be taxable; however, it should be reported on the
landowner's Federal income tax return.
The Service is required to monitor easements annually. It is the
responsibility of the refuge manager to monitor and inspect easements
for compliance, maintain communications with landowners, and ensure
habitat values lost or damaged as a result of easement violations are
restored. To avoid easement violations, landowners must contact their
local Service representative before performing any alterations that may
impact vegetation or wetlands within the easement boundary. Violation
of easement terms may result in legal prosecution, fines, and
restitution.
Should the quality of the grassland easement deteriorate, the
landowner may obtain a Special Use Permit (FWS Form 3-1383-G) to
replant or rejuvenate tame (non-native) grassland habitat. The Service
encourages grasses suitable to the landowner's needs and also to the
long-term benefit of wildlife. Cost-sharing or donated seed may be
available through Federal, State, or private organizations. Form 3-
1383-G is currently approved under OMB Control No. 1018-0102.
Correction of Title Defects
The Service obtains title information from the abstracter at no
cost to the landowner. The title is checked to determine that all
owners of record have signed the easement. Service attorneys review the
case and furnish an opinion of title. If the opinion indicates any
title defects, Service personnel assist the landowner in correcting the
defects before the Service accepts the easement. The process usually
takes 6 to 9 months.
Subordination Agreements
Usually, mortgages do not affect easement transactions. If the
mortgage holder needs to consent to the easement, we will ask the
mortgage holder for a signed statement known as a subordination
agreement, which subordinates the rights of the mortgage to those of
the easement. Payment of easements where there is a mortgage or
contract for deed is dependent on the mortgage holder or the contract
seller and the terms of the landowner's agreement with them. They may
require that all or part of the money be applied to the mortgage or
contract balance, or they may allow the entire payment to go to the
landowner.
Requests for Approval--Other Improvements/Alterations
Existing farm sites and other permanent structures are excluded
from grassland easements. Planning for future improvements or
expansions of existing farm sites or structures is important and should
be considered at the time the easement is executed, when practical.
Requests for improvements may be allowed and will require prior Service
approval. To avoid easement violations, landowners must contact their
local Service representative before manipulating permanent vegetative
cover on easement lands.
Requests for Approval--Mowing Before July 15th
Mowing before July 15 to control weeds is prohibited without prior
written approval by the Service.
Notification Requirement--Sale or Transfer of Lands
Easements, and the associated covenants and agreements, run with
the land and are binding on all persons and entities who come into
ownership or possession of the lands subject to the easement. The
landowner must notify the Regional Director in writing of any sale or
transfer at least 30 days following the sale or transfer of any portion
of the lands subject to this easement.
Recordkeeping Requirements
Landowners may be required to maintain and/or furnish documentation
such as records of ownership, sales, property characteristics, and
corresponding assessed values of record, upon request, as part of the
application process or associated information collections.
Non-Hour Cost Burdens on Landowners
Landowners are responsible for the management of and costs
associated with noxious weed and pest control, and must also pay any
fees associated with subordination agreements. They may file a claim
for reimbursement from the Government.
Title of Collection: U.S. Fish and Wildlife Service Grassland
Easements.
[[Page 83576]]
OMB Control Number: 1018-New.
Form Number: 3-2573.
Type of Review: New information collection in use without OMB
approval.
Respondents/Affected Public: Individuals/households and private
sector.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Non-Hour Burden Cost: $ 2,115,000
(associated with noxious and pest control requirements, and
subordination agreements).
----------------------------------------------------------------------------------------------------------------
Average
Average Average Average completion Estimated
Requirement number of number of number of time per annual burden
annual responses annual response hours
respondents each responses (hours)
----------------------------------------------------------------------------------------------------------------
Application Process (Form 3-2573)
----------------------------------------------------------------------------------------------------------------
Individuals..................... 525 1 525 2 1,050
Private Sector.................. 525 1 525 4 2,100
----------------------------------------------------------------------------------------------------------------
Correction of Title Defects
----------------------------------------------------------------------------------------------------------------
Individuals..................... 525 1 525 3 1,575
Private Sector.................. 525 1 525 5 2,625
----------------------------------------------------------------------------------------------------------------
Subordination Agreements
----------------------------------------------------------------------------------------------------------------
Individuals..................... 500 1 500 2 1,000
Private Sector.................. 500 1 500 5 2,500
----------------------------------------------------------------------------------------------------------------
Request for Approval--Other Improvements/Alterations
----------------------------------------------------------------------------------------------------------------
Individuals..................... 175 1 175 3 525
Private Sector.................. 200 1 200 2 400
----------------------------------------------------------------------------------------------------------------
Request for Approval--Mowing Before July 15th
----------------------------------------------------------------------------------------------------------------
Individuals..................... 50 1 50 1 50
Private Sector.................. 50 1 50 1 50
----------------------------------------------------------------------------------------------------------------
Notification Requirement--Sale or Transfer of Lands
----------------------------------------------------------------------------------------------------------------
Individuals..................... 20 1 20 2 40
Private Sector.................. 20 1 20 2 40
-------------------------------------------------------------------------------
Totals...................... 3,615 .............. 3,615 .............. 11,955
----------------------------------------------------------------------------------------------------------------
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.
The authority for this action is the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.).
Madonna Baucum,
Information Collection Clearance Officer, U.S. Fish and Wildlife
Service.
[FR Doc. 2023-26294 Filed 11-29-23; 8:45 am]
BILLING CODE 4333-15-P
