Agency Information Collection Activities; Submission to the Office of Management and Budget; U.S. Fish and Wildlife Service Grassland Easements

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published

November 30, 2023

Issuing agencies

Interior DepartmentFish and Wildlife Service

Abstract

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.

Full Text

<html>
<head>
<title>Federal Register, Volume 88 Issue 229 (Thursday, November 30, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 229 (Thursday, November 30, 2023)]
[Notices]
[Pages 83573-83576]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. 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 <a href="/cdn-cgi/l/email-protection#8dc4e3ebe2d2cee2e1e1cdebfafea3eae2fb"><span class="__cf_email__" data-cfemail="622b0c040d3d210d0e0e220415114c050d14">[email&#160;protected]</span></a>. 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 <a href="/cdn-cgi/l/email-protection#125b7c747d4d517d7e7e527465613c757d64"><span class="__cf_email__" data-cfemail="4e07202821110d2122220e28393d60292138">[email&#160;protected]</span></a>, 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 <a href="http://Regulations.gov">Regulations.gov</a> (Docket No. FWS-R6-NWRS-
2023-0036) to provide the public with an additional method to submit
comments (in addition to the typical <a href="/cdn-cgi/l/email-protection#7c35121a13233f1310103c1a0b0f521b130a"><span class="__cf_email__" data-cfemail="236a4d454c7c604c4f4f634554500d444c55">[email&#160;protected]</span></a> 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 <a href="http://Regulations.gov">Regulations.gov</a> (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 <a href="http://Regulations.gov">Regulations.gov</a> (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

</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>

View on FederalRegister.gov →Plain-text source

Indexed from Federal Register on November 30, 2023.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.