Notice2023-03209
Information Collection: Special Use Administration
Primary source
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Published
February 15, 2023
Issuing agencies
Agriculture DepartmentForest Service
Abstract
In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the extension (with no revision) of a currently approved information collection, Standard Form-299 (SF-299) Application for Transportation, Utility Systems, Telecommunications and Facilities on Federal Lands and Property.
Full Text
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<title>Federal Register, Volume 88 Issue 31 (Wednesday, February 15, 2023)</title>
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[Federal Register Volume 88, Number 31 (Wednesday, February 15, 2023)]
[Notices]
[Pages 9856-9858]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03209]
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DEPARTMENT OF AGRICULTURE
Forest Service
Information Collection: Special Use Administration
AGENCY: Forest Service, Agriculture (USDA).
ACTION: Notice; request for comment.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the
Forest Service is seeking comments from all interested individuals and
organizations on the extension (with no revision) of a currently
approved information collection, Standard Form-299 (SF-299) Application
for Transportation, Utility Systems, Telecommunications and Facilities
on Federal Lands and Property.
DATES: Comments must be received in writing on or before April 17, 2023
to be assured of consideration. Comments received after that date will
be considered to the extent practicable.
ADDRESSES: Comments concerning this notice should be addressed to USDA
Forest Service, Attention: Lands--Special Uses, 1400 Independence
Avenue SW, Stop 1124, Washington, DC 20250-1124. Comments also may be
submitted via facsimile to 202-644-4700 or by email to
<a href="/cdn-cgi/l/email-protection#3f4d5a4f534660535e515b4c604c4b5e59597f4a4c5b5e11585049"><span class="__cf_email__" data-cfemail="bdcfd8cdd1c4e2d1dcd3d9cee2cec9dcdbdbfdc8ced9dc93dad2cb">[email protected]</span></a>. All comments, including names and addresses
when provided, will be placed in the record and will be available for
public inspection and copying. The public may review comments on the
Forest Service forms web page at <a href="https://www.fs.usda.gov/managing-land/lands-realty-management/forms">https://www.fs.usda.gov/managing-land/lands-realty-management/forms</a>. Comments will be summarized in the
Forest Service's request for Office of Management and Budget approval
of the information collection for special uses and will be addressed in
a Federal Register Notice of the final revisions to the approved
information collection.
FOR FURTHER INFORMATION CONTACT: Mark Chandler, Realty Specialist,
Lands, National Forest Systems can be reached by phone at 202-205-1117,
or by email at <a href="/cdn-cgi/l/email-protection#7e131f0c15501d161f101a121b0c3e0b0d1a1f50191108"><span class="__cf_email__" data-cfemail="472a26352c69242f2629232b2235073234232669202831">[email protected]</span></a>. Individuals who use
telecommunication devices for the deaf and hard of hearing (TDD) may
call the Federal Relay Service (FRS) at 1-800-877-8339, 24
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hours a day, every day of the year, including holidays.
SUPPLEMENTARY INFORMATION:
Title: SF-299 Application for Transportation, Utility Systems,
Telecommunications and Facilities on Federal Lands and Property.
OMB Number: 0596-0249.
Expiration Date of Approval: February 28, 2023.
Type of Request: Extension with no Revision of SF-299, Application
for Transportation, Utility Systems, Telecommunications and Facilities
on Federal Lands and Property, into a common form.
Abstract: Section 6409 of the Middle-Class Tax Relief and Job
Creation Act of 2012 (Pub. L. 112-96) contains provisions directing the
Administrator of the General Services Administration to develop a
common form for applications for easements and rights-of-way for all
executive agencies that shall be used by applicants with respect to the
buildings or other property of each such agency. On June 14, 2012, the
President signed Executive Order 13616, ``Accelerating Broadband
Infrastructure Deployment''. Section 4 of Executive Order 13616
directed the General Services Administration (GSA) to develop and use
one or more templates for uniform contract, application, and permit
terms to facilitate nongovernment entities' use of Federal property for
the deployment of broadband facilities. GSA created a Common Form
Applications (GSA 3729). On January 8, 2018, the President signed
Executive Order 13821, ``Streamlining and Expediting Requests to Locate
Broadband Facilities in Rural America,'' which directed GSA to (1)
evaluate the effectiveness of the GSA Common Form Application and (2)
determine whether any revisions to the GSA Common Form Application were
appropriate. GSA completed their evaluation of the use of the Common
Form Application and determined that all other land management agencies
were utilizing the SF-299 and not the Common Form Application. To
ensure a coordinated and consistent approach across all agencies' GSA
determined that with minor modifications, the SF-299 would serve as the
standard application form for all agencies. The information collection
requirements are necessary for the Forest Service to issue and
administer special use authorizations that allow the public to use and
occupy of National Forest System (NFS) lands under these authorities.
The information collected is used by Forest Service officials (unless
otherwise noted) to ensure that uses of NFS lands are authorized, in
the public interest, and compatible with the Agency's mission; and/or
record authorization of use granted by appropriate Forest Service
officials.
The Department of the Interior (DOI) statutes that authorize the
Bureau of Land Management (BLM), Fish and Wildlife Service (FWS),
National Park Service (NPS), and Bureau of Reclamation (BOR), along
with the statutes for the U.S. Army Corp of Engineers (USACE), and the
General Services Administration (GSA) authorize their collection of
information utilizing form SF-299 ``Application for Transportation,
Utility Systems, Telecommunications and Facilities on Federal Lands and
Property.''
Several statutes authorize the Forest Service to issue and
administer authorizations for use and occupancy of NFS lands and
collect information from the public for those purposes. The laws
authorizing the collection of this information include the Organic
Administration Act of 1897 (16 U.S.C. 551); Title V of the Federal Land
Policy and Management Act of 1976 (FLPMA, 43 U.S.C. 1761-1771); Act of
March 4, 1915 (16 U.S.C. 497); Alaska Term Permit Act of March 30, 1948
(16 U.S.C. 497a); Act of September 3, 1954 (68 Stat. 1146; 43 U.S.C.
931c, 931d); National Forest Ski Area Permit Act (16 U.S.C. 497b);
section 28 of the Mineral Leasing Act (30 U.S.C. 185); National Forest
Roads and Trails Act (FRTA, 16 U.S.C. 532-538); section 7 of the
Granger-Thye Act (16 U.S.C. 580d); Act of May 26, 2000 (16 U.S.C. 460l-
6d); Federal Lands Recreation Enhancement Act (16 U.S.C. 6801-6814);
Archeological Resource Protection Act of October 31, 1979 (16 U.S.C.
470aa-470mm); and the Rural Electrification Act of 1936, as amended.
Forest Service regulations implementing these authorities, found at
36 CFR part 251, subpart B, contain information collection
requirements, including submission of applications, execution of forms,
and imposition of terms and conditions that entail information
collection requirements, such as the requirement to submit annual
financial information, to prepare and update an operating plan; to
prepare and update a maintenance plan, and to submit compliance reports
and information updates.
The information helps the Forest Service identify the environmental
and social impacts of special uses for purposes of compliance with the
National Environmental Policy Act and program administration.
Information collection occurs via application forms, as well as
terms and conditions in special use authorizations and operating plans.
Information is required from proponents and applicants to evaluate
proposals and applications to use or occupy NFS lands.
Special use authorizations encompass a variety of activities
ranging from individual private uses to large-scale commercial
facilities and public services. Examples of authorized special uses
include public and private road rights-of-way, apiaries, domestic water
supply conveyance systems, telephone and electric service rights-of-
way, oil and gas pipeline rights-of-way, communications facilities,
hydroelectric power-generating facilities, ski areas, resorts, marinas,
municipal sewage treatment plants, and public parks and playgrounds.
SF-299, Application for Transportation, Utility Systems,
Telecommunications and Facilities on Federal Lands and Property, is
used to evaluate the applicant's technical and financial capability,
nature of the proposed operations, and anticipated environmental
impacts and proposed mitigation of those impacts. This form is used for
most non-recreational NFS lands use requests. This form will also be
used by the Department of the Interior's BLM, FWS, NPS, BOR, the USACE
and GSA, to grant, issue, or renew rights-of-way (ROW) to use a
specific piece of public land for a certain project.
Compliance Reports and Information Updates
Forest Service
Estimated Annual Burden: 8 burden hours per response.
Type of Respondents: Individuals, Businesses, Non-profit
Organizations, and Non-Federal Governmental entities.
Estimated Annual Number of Respondents: 2,463 respondents.
Comment Is Invited
Comment is invited on: (1) Whether this collection of information
is necessary for the stated purposes and the proper performance of the
functions of the agency, including whether the information will have
practical or scientific utility; (2) the accuracy of the agency's
estimate of the burden of the collection of information, including the
validity of the methodology and assumptions used; (3) ways to enhance
the quality, utility, and clarity of the information to be collected;
and (4) ways to minimize the burden of the collection of information on
respondents, including the use of automated, electronic, mechanical, or
other technological collection
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techniques or other forms of information technology.
All comments received in response to this notice, including names
and addresses when provided, will be a matter of public record.
Comments will be summarized and included in the submission request
toward Office of Management and Budget approval.
Dated: February 1, 2023.
Troy Heithecker,
Associate Deputy Chief, National Forest System.
[FR Doc. 2023-03209 Filed 2-14-23; 8:45 am]
BILLING CODE 3411-15-P
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