82_FR_27976 82 FR 27860 - Agency Information Collection Activities: OMB Control Number 1018-0102; National Wildlife Refuge Special Use Permit Applications and Reports

82 FR 27860 - Agency Information Collection Activities: OMB Control Number 1018-0102; National Wildlife Refuge Special Use Permit Applications and Reports

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 116 (June 19, 2017)

Page Range27860-27863
FR Document2017-12728

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.

Federal Register, Volume 82 Issue 116 (Monday, June 19, 2017)
[Federal Register Volume 82, Number 116 (Monday, June 19, 2017)]
[Notices]
[Pages 27860-27863]
From the Federal Register Online  [www.thefederalregister.org]
[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]]

[email protected] (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 [email protected] (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 [email protected] (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



                                                    27860                                    Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices

                                                    the proposed forms or other available                                   8339. Copies of available documents                          50080–URP; 50080–FSS; 50080–IHBG;
                                                    information. Persons with hearing or                                    submitted to OMB may be obtained                             50080–HOMI; 50080–TIHD.
                                                    speech impairments may access this                                      from Ms. Mussington.                                           Description of the need for the
                                                    number through TTY by calling the toll-                                 SUPPLEMENTARY INFORMATION: This                              information and proposed use: Grant
                                                    free Federal Relay Service at (800) 877–                                notice informs the public that HUD is                        recipients use the applicable payment
                                                    8339.                                                                   seeking approval from OMB for the                            information to request funds from HUD
                                                    FOR FURTHER INFORMATION CONTACT:                                        information collection described in                          through the LOCCS/VRS voice activated
                                                    Arlette Mussington, Office of Policy,                                   Section A.                                                   system. The information collected on
                                                    Programs and Legislative Initiatives,
                                                                                                                            A. Overview of Information Collection                        the payment voucher will also be used
                                                    PIH, Department of Housing and Urban
                                                                                                                                                                                         as an internal control measure to ensure
                                                    Development, 451 7th Street SW.,                                          Title of Information Collection: Grant
                                                    (L’Enfant Plaza, Room 2206),                                                                                                         the lawful and appropriate
                                                                                                                            Drawdown Payment Request/LOCCS/
                                                    Washington, DC 20410; telephone 202–                                    VRS Voice Activated.                                         disbursement of Federal funds as well
                                                    402–4109, (this is not a toll-free                                        OMB Approval Number: 2577–0166.                            as provide a service to program
                                                    number). Persons with hearing or                                          Type of Request: Extension of                              recipients.
                                                    speech impairments may access this                                      currently approved collection.                                 Respondents: PHAs, state or local
                                                    number via TTY by calling the Federal                                     Form Numbers: 50080–CFP; 50080–                            government. Tribes and tribally
                                                    Information Relay Service at (800) 877–                                 NN, RSDE, RSDF, SC; 50080–PHTA;                              designated housing entities.

                                                                                                                                                                                 Frequency of             Time per
                                                                                                                                                                                  responses
                                                                                                                            Form 50080–                  Number of                                       response
                                                                           Grant program                                                                                         (drawdowns                                    Burden hours
                                                                                                                               XXXX                     respondents                                     (15 minutes
                                                                                                                                                                                   annually                 each)
                                                                                                                                                                                 per program)

                                                    Capital Fund .....................................................      50080–CFP                               3,100                 46,500       .25 hours .....                 11,625
                                                    Operating Fund .................................................        50080–                                  3,100                 85,200       .25 hours .....                 21,300
                                                                                                                              OFND.
                                                    Resident Opportunities and Supportive Serv-                             50080–                                         5                     14    .25 hours .....                        3.5
                                                      ices (ROSS) RSDE.                                                       RSDE.
                                                    Resident Opportunities and Supportive Serv-                             50080–RSDF                                     5                     28    .25 hours .....                         7
                                                      ices (ROSS) RSDF.
                                                    Resident Opportunities and Supportive Serv-                             50080–SC ...                              482                   5,784      .25 hours .....                  1,446
                                                      ices (ROSS) SC.
                                                    Public Housing Technical Assistance ...............                     50080–PHTA                                 12                     134      .25   hours    .....              33.5
                                                    Hope VI .............................................................   50080–URP                                 100                   1,020      .25   hours    .....               255
                                                    Family Self-Sufficiency .....................................           50080–FSS                                 700                   8,400      .25   hours    .....             2,100
                                                    Indian Housing Block Grant ..............................               50080–IHBG                                361                   4,332      .25   hours    .....                83
                                                    Indian HOME ....................................................        50080–HOMI                                  5                      60      .25   hours    .....                15
                                                    Traditional Indian Housing Development .........                        50080–TIHD                                 32                     384      .25   hours    .....                96

                                                                                                                            .....................                   4,802                151,856       .....................           36,964



                                                    B. Solicitation of Public Comment                                         HUD encourages interested parties to                       ACTION:      Notice; request for comments.
                                                                                                                            submit comment in response to these
                                                       This notice is soliciting comments                                   questions.                                                   SUMMARY:   We (U.S. Fish and Wildlife
                                                    from members of the public and affected                                                                                              Service) will ask the Office of
                                                                                                                              Authority: Section 3507 of the Paperwork                   Management and Budget (OMB) to
                                                    parties concerning the collection of                                    Reduction Act of 1995, 44 U.S.C. Chapter 35.
                                                    information described in Section A on                                                                                                approve the information collection (IC)
                                                    the following:                                                            Dated: June 7, 2017.                                       described below. As required by the
                                                                                                                            Merrie Nichols-Dixon,                                        Paperwork Reduction Act of 1995 and
                                                       (1) Whether the proposed collection                                                                                               as part of our continuing efforts to
                                                                                                                            Director, Office of Policy, Programs and
                                                    of information is necessary for the                                     Legislative Initiatives.                                     reduce paperwork and respondent
                                                    proper performance of the functions of                                  [FR Doc. 2017–12719 Filed 6–16–17; 8:45 am]                  burden, we invite the general public and
                                                    the agency, including whether the                                                                                                    other Federal agencies to take this
                                                                                                                            BILLING CODE 4210–67–P
                                                    information will have practical utility;                                                                                             opportunity to comment on this IC. This
                                                       (2) The accuracy of the agency’s                                                                                                  IC is scheduled to expire on June 30,
                                                    estimate of the burden of the proposed                                                                                               2017. We may not conduct or sponsor
                                                                                                                            DEPARTMENT OF THE INTERIOR
                                                    collection of information;                                                                                                           and a person is not required to respond
                                                                                                                            Fish and Wildlife Service                                    to a collection of information unless it
                                                       (3) Ways to enhance the quality,                                                                                                  displays a currently valid OMB control
                                                    utility, and clarity of the information to                              [FWS–HQ–RF–2017–N076;                                        number.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    be collected; and                                                       FXRS12630900000–167–FF09R81000]                              DATES: To ensure that we are able to
                                                       (4) Ways to minimize the burden of                                                                                                consider your comments on this IC, we
                                                    the collection of information on those                                  Agency Information Collection
                                                                                                                                                                                         must receive them by July 19, 2017.
                                                                                                                            Activities: OMB Control Number 1018–
                                                    who are to respond, including through                                                                                                ADDRESSES: Send your comments and
                                                                                                                            0102; National Wildlife Refuge Special
                                                    the use of appropriate automated                                                                                                     suggestions on this information
                                                                                                                            Use Permit Applications and Reports
                                                    collection techniques or other forms of                                                                                              collection to the Desk Officer for the
                                                    information technology, e.g., permitting                                AGENCY:        Fish and Wildlife Service,                    Department of the Interior at OMB–
                                                    electronic submission of responses.                                     Interior.                                                    OIRA at (202) 395–5806 (fax) or OIRA_


                                               VerDate Sep<11>2014        17:09 Jun 16, 2017        Jkt 241001      PO 00000      Frm 00079         Fmt 4703   Sfmt 4703   E:\FR\FM\19JNN1.SGM   19JNN1


                                                                                   Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices                                            27861

                                                    Submission@omb.eop.gov (email).                            • Recreational visitor service                      permit. Most of the special conditions
                                                    Please provide a copy of your comments                  operations (50 CFR 25.41, 25.61, and                   pertain to how a permitted activity may
                                                    to the Service Information Collection                   36.41).                                                be conducted and do not require the
                                                    Clearance Officer, U.S. Fish and                           • Guiding for fishing, hunting,                     collection of information. However,
                                                    Wildlife Service, MS: BPHC, 5275                        wildlife education, and interpretation                 some special conditions, such as
                                                    Leesburg Pike, Falls Church, VA 22041–                  (50 CFR 25.41 and 36.41).                              activity reports, before and after site
                                                    3803 (mail); or info_coll@fws.gov                          • Commercial filming (43 CFR 5, 50                  photographs, or data sharing, would
                                                    (email). Please include ‘‘1018–0102’’ in                CFR 27.71) and other commercial                        qualify as an information collection, and
                                                    the subject line of your comments. You                  activities (50 CFR 29.1 and 36.41).                    we have included the associated burden
                                                    may review the ICR online at http://                       • Building and using cabins to                      below.
                                                    www.reginfo.gov. Follow the                             support subsistence or commercial
                                                                                                            activities (in Alaska) (50 CFR 26.35 and               II. Data
                                                    instructions to review Department of the
                                                    Interior collections under review by                    36.41).                                                   OMB Control Number: 1018–0102.
                                                    OMB.                                                       • Research, inventory and                              Title: National Wildlife Refuge
                                                                                                            monitoring, and other noncommercial                    Special Use Permit Applications and
                                                    FOR FURTHER INFORMATION CONTACT:                        activities (50 CFR 26.36 and 36.41).                   Reports, 50 CFR 25, 26, 27, 29, 30, 31,
                                                    Service Information Collection                             We use three forms to collect                       32, & 36.
                                                    Clearance Officer, at info_coll@fws.gov                 applicant information:                                    Service Form Number(s): 3–1383–G,
                                                    (email) or (703) 358–2503 (telephone).                     • FWS Form 3–1383–G (General                        3–1383–C, and 3–1383–R.
                                                                                                            Activities Special Use Application).                      Type of Request: Revision of a
                                                    SUPPLEMENTARY INFORMATION:
                                                                                                               • FWS Form 3–1383–C (Commercial                     currently approved collection.
                                                    I. Abstract                                             Activities Special Use Application).                      Description of Respondents:
                                                                                                               • FWS Form 3–1383–R (Research and                   Individuals and households; businesses
                                                       The National Wildlife Refuge System                  Monitoring Special Use Application).                   and other for-profit organizations;
                                                    Administration Act of 1966 (16 U.S.C.                      The information we collect helps                    nonprofit organizations; farms; and
                                                    668dd–668ee) (Administration Act), as                   ensure that: (1) Applicants are aware of               State, local, or tribal governments.
                                                    amended by the National Wildlife                        the types of information that may be                      Respondent’s Obligation: Required to
                                                    Refuge System Improvement Act of                        needed for permit issuance; (2)                        obtain or retain a benefit.
                                                    1997, consolidated all refuge units into                requested activities are appropriate and                  Frequency of Collection: On occasion
                                                    a single National Wildlife Refuge                       compatible with the purpose(s) for                     for applications; annually or on
                                                    System (System). It also authorized us to               which the refuge was established and                   occasion for reports.
                                                    offer visitor and public programs,                      the System’s mission; and (3) the                         Estimated Number of Annual
                                                    including those facilitated by                          applicant is eligible or is the most                   Responses: 7,865.
                                                    commercial visitor and management                       qualified applicant to receive the special                Estimated Completion Time per
                                                    support services, on lands of the System                use permit.                                            Response: Varies from 30 minutes to 4
                                                    when we find that the activities are                       We may collect the necessary                        hours, depending on activity.
                                                    appropriate and compatible with the                     information in a non-form format                          Estimated Annual Burden Hours:
                                                    purpose(s) for which the refuge was                     (through discussions in person or over                 16,756.
                                                    established and the System’s mission.                   the phone, over the Internet, by email,                   Estimated Annual Non-hour Burden
                                                    The Refuge Recreation Act of 1962 (16                   or by letter). In some instances,                      Cost: $270,300 for fees associated with
                                                    U.S.C. 460k–460k–4) (Recreation Act)                    respondents will be able to provide                    applications for commercial use
                                                    allows the use of refuges for public                    information verbally. Often, a simple                  activities ($100.00 × an estimated 2,703
                                                    recreation when it is not inconsistent or               email or letter describing the activity                applications).
                                                    does not interfere with the primary                     will suffice. For activities (e.g.,
                                                    purpose(s) of the refuge. The Alaska                    commercial visitor services, research,                 III. Comments
                                                    National Interest Lands Conservation                    etc.) that might have a large impact on                  On February 24, 2017, we published
                                                    Act (16 U.S.C. 3101 et seq.) (ANILCA)                   refuge resources, we may require                       in the Federal Register (82 FR 11601) a
                                                    provides specific authorization and                     applicants to provide more detail on                   notice of our intent to request that OMB
                                                    guidance for the administration and                     operations, techniques, and locations.                 approve this information collection. In
                                                    management of national wildlife refuges                 Because of the span of activities covered              that notice, we solicited comments for
                                                    within the State of Alaska. Its provisions              by special use permits and the different               60 days, ending on April 25, 2017. We
                                                    provide for the issuance of permits                     management needs and resources at                      received two comments in response to
                                                    under certain circumstances.                            each refuge, respondents may not be                    that Notice:
                                                       We issue special use permits for a                   required to answer all questions.                        Comment 1: A respondent
                                                    specific period as determined by the                    Depending on the requested activity,                   commented on the authorities and
                                                    type and location of the management                     refuge managers have the discretion to                 regulations that allow for certain
                                                    activity or visitor service provided.                   ask for less information than appears on               commercial activities on wildlife
                                                    These permits authorize activities such                 the forms. However, refuge managers                    refuges (specifically haying/grazing/
                                                    as:                                                     must not ask for more or different                     farming and cabin rentals) and the fees
                                                                                                            information.                                           that are charged, but not on the
                                                       • Agricultural activities (haying and
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                                                                                                               We issue permits for a specific period              application forms themselves.
                                                    grazing, 50 CFR 29.1 and 29.2).
                                                                                                            as determined by the type and location                   FWS Response to Comment 1: The
                                                       • Beneficial management tools that                   of the use or service provided. We use                 National Wildlife Refuge System
                                                    we use to provide the best habitat                      these permits to ensure that the                       Administration Act at 16 U.S.C.
                                                    possible on some refuges (50 CFR 30.11,                 applicant is aware of the requirements                 668dd(a)(1) authorizes us to permit
                                                    31.14, 31.16, and 36.41).                               of the permit and his/her legal rights.                public accommodations, including
                                                       • Special events, group visits and                   Refuge-specific special conditions may                 commercial visitor services, on lands of
                                                    other one-time events (50 CFR 25.41,                    be required for the permit. We identify                the System when we find that these
                                                    25.61, 26.36, and 36.41).                               conditions as an addendum to the                       activities are compatible and


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                                                    27862                          Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices

                                                    appropriate with the purpose for which                     Cooperative agreements with persons                 was provided by the DOI Solicitor’s
                                                    the refuge was established. The                         for crop cultivation, haying, grazing, or              Office:
                                                    respondent did not address the                          the harvest of vegetative products,                       ‘‘The National Wildlife Refuge System
                                                    information collection, and we did not                  including plant life, growing with or                  Administration Act (NWRSAA), at 16
                                                    make any changes to our requirements.                   without cultivation on wildlife refuge                 U.S.C. 668dd(a)(1), states that the
                                                       Comment 2: A second respondent                       areas may be executed on a share-in-                   National Wildlife Refuge System
                                                    provided the following comment:                         kind basis when such agreements are in                 (NWRS), ‘‘. . . shall be administered by
                                                       (1) The information collected is not                 aid of or benefit to the wildlife                      the Secretary through the United States
                                                    necessary because it appears not to be                  management of the area.’’                              Fish and Wildlife Service.’’ The
                                                    a lawfully authorized request. Although                    Just performing ‘‘agricultural                      Secretary (through the FWS) is
                                                    it is difficult to know which law cited                 activities’’ does not necessarily bring the            authorized, under such regulations as he
                                                    by the FWS is applicable to which CFR                   activity within the realm of ‘‘wildlife                may prescribe, to, ‘‘. . . permit the use
                                                    given because the Federal Registry entry                management’’ of the area. Regardless the               of any area within the System for any
                                                    does not appear to comply with FR                       authorities cited do not cross to 50 CFR               purpose . . . whenever he determines
                                                    requirements for specificity, see 1 CFR                 29.2 and if they did it could only                     that such uses are compatible with the
                                                    21 and 22. Regardless none of the laws                  authorize ‘‘cooperative agreements’’ not               major purposes for which the areas were
                                                    cited; 16 U.S.C. 668dd–668ee, 16 U.S.C.                 Special Use Permits, therefore this                    established. (16 U.S.C. 668dd(d)(1)(A).
                                                    460k–460k–4, 6 U.S.C. 3101 et seq. (it is               informational request must also be                     The term, ‘‘compatible use,’’ is defined,
                                                    unclear what ‘‘et seq.’’ is referring to)               considered not only unnecessary but                    at 16 U.S.C. 668ee(1), to mean, ‘‘. . . a
                                                    appear relevant at a minimum to Form                    also not allowed by the authorities                    wildlife-dependent recreational use or
                                                    3–1383–C.                                               cited.                                                 any other use of a refuge that, in the
                                                       The 16 U.S.C. 460k–460K–4 codes                         (4) The informational requests within               sound professional judgement of the
                                                    (subchapter LXVIII) is entitled                         the forms given make no mention of                     Director, will not materially interfere
                                                    ‘‘NATIONAL CONSERVATION                                 how any potential commercial activity                  with or detract from the fulfillment of
                                                    RECREATIONAL AREAS’’, these parts                       would comply with federal contracting                  the mission of the System or the
                                                    only concern recreation and do not even                 law. As written these type of                          purposes of the refuge.’’
                                                    use the word commercial, economic,                                                                                The two other statutes cited in the
                                                                                                            commercial activities would appear to
                                                    business, etc.                                                                                                 Federal Register notice are, 16 U.S.C.
                                                                                                            unlawfully escape the Competition in
                                                       16 U.S.C. 668dd–668ee likewise                                                                              460k–3, which refers to the authority to
                                                                                                            Contract Act, Federal Acquisition
                                                    address recreation and management,                                                                             manage national wildlife refuges, among
                                                                                                            Regulations and a host of other legal
                                                                                                                                                                   other conservation areas, and 16 U.S.C.
                                                    conservation, etc. but has no mention of                requirements like small business,                      3101 et seq., which refers to
                                                    the word ‘‘commercial’’ or any other                    minority and disadvantaged groups,                     management provisions for national
                                                    type of ‘‘economic’’ activity.                          wage requirements, etc. These types of                 wildlife refuges in Alaska. In both
                                                       16 U.S.C. 3101 speaks to the needs of                informational requests and notifications               instances, the FWS has been charged
                                                    recreation and scientific purposes, et al.              would be required to be included within                with managing such wildlife refuges
                                                    but no mention of commercial,                           any permitting form if not addressed                   through the provision in the NWRSAA
                                                    economic or other business interests.                   within other forms. Therefore, the                     which states that the system shall be
                                                       Therefore, the information requested                 information requests appear to be                      managed by the Secretary through the
                                                    from form 3–1383–C regarding                            inadequate in this regard.                             FWS.
                                                    ‘‘Commercial Activities’’ would appear                     (5) Lastly, the informational requests                 Among the regulations prescribed for
                                                    not only unnecessary but also                           in the forms do not appear to comport                  management of the NWRS is 50 CFR
                                                    unauthorized based on the authorities                   with 1 CFR part 21 and 22 regarding                    29.1, which specifically states that the
                                                    cited.                                                  authority citations. Specifically, the                 FWS, ‘‘. . . may authorize economic use
                                                       Even the statement in Section I                      forms do not indicate the specific                     by appropriate permit only when we
                                                    (Abstract) appears to acknowledge this                  authority delegated by statute nor do                  (FWS officials) have determined the use
                                                    fact: ‘‘We issue special use permits for                they indicate any delegation from the                  on a national wildlife refuge to be
                                                    a specific period as determined by the                  Secretary of the Interior to the FWS, e.g.             compatible.’’ That regulatory provision
                                                    type and location of the management                     ‘‘The provisions of this subchapter and                also cites to 16 U.S.C. 715s, which
                                                    activity or visitor service provided.’’ No              any such regulation shall be enforced by               confirms Congress’s intent that
                                                    mention of commercial activities.                       any officer or employee of the United                  economic uses on national wildlife
                                                       (2) 29 CFR 29.1 is mentioned as both                 States Fish and Wildlife Service                       refuges may be permitted, directing for
                                                    an agricultural activity and a                          designated by the Secretary of the                     the deposit of, ‘‘. . . all revenues
                                                    commercial activity, however none of                    Interior.’’ 16 U.S.C. 460k–3                           received . . . from the sale or other
                                                    the statutory authority cited mentions                     FWS Response to Comment 2: We                       disposition of animals, salmonoid
                                                    anything to do with agricultural activity               forwarded Comment 2 to the DOI                         carcasses, timber, hay, grass, or other
                                                    or commercial activity. Nor do they                     Solicitor’s Office for review based on Jay             products of the soil, minerals, shells,
                                                    mention these activities as ‘‘permitable’’              H. questioning the authority under the                 sand, or gravel, from other privileges, or
                                                    activities. Therefore, the informational                cited statutes for the Service to collect              from leases of public accommodations
                                                    requests regarding 29 CFR 29.1 in                       information under FWS Form 3–1383–                     or facilities incidental to but not in
                                                    regards to forms 3–1383–C would also
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                                                                                                            C (Commercial Activities Special Use                   conflict with the basic purposes for
                                                    appear unnecessary and also not                         Application). The requester did not                    which those areas of the National
                                                    authorized by the authorities cited.                    believe that the FWS possessed the                     Wildlife Refuge System were
                                                       (3) 29 CFR 29.2 is mentioned as a                    authority to act for the Secretary under               established.’’
                                                    farming activity however the regulation                 the cited statutes, and did not believe                   Clearly the Secretary’s authority to
                                                    itself is clearly a ‘‘management activity’’             that the cited statutes authorized the                 manage the NWRS is delegated to the
                                                    using various methods to achieve the                    issuance of permits for commercial                     FWS, by the language of the NWRSAA
                                                    management:                                             activities on national wildlife refuges.               cited above, and the FWS has the broad
                                                    ‘‘§ 29.2 Cooperative land management.                   The following response to Comment 2                    authority under the NWRSAA to permit


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                                                                                   Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices                                               27863

                                                    commercial uses within national                         DEPARTMENT OF THE INTERIOR                             States, and (2) setting hunting
                                                    wildlife refuges which are compatible                                                                          regulations that allow appropriate
                                                    with the purpose for which an                           Fish and Wildlife Service                              harvests that are within the guidelines
                                                    individual refuge was established and                   [FWS–HQ–MB–2017–N077;                                  that will allow for those populations’
                                                    the purposes of the NWRS.’’                             FXMB12310900WHO–178–FF09M26000]                        well-being. These responsibilities
                                                                                                                                                                   dictate that we gather accurate data on
                                                    IV. Request for and Availability of                     Agency Information Collection                          various characteristics of migratory bird
                                                    Public Comments                                         Activities: OMB Control Number 1018–                   harvest. Based on information from
                                                                                                            0023; Migratory Bird Harvest                           harvest surveys, we can adjust hunting
                                                      We again invite comments concerning                                                                          regulations as needed to optimize
                                                                                                            Information Program and Migratory
                                                    this information collection on:                                                                                harvests at levels that provide a
                                                                                                            Bird Surveys
                                                      • Whether or not the collection of                                                                           maximum of hunting recreation while
                                                    information is necessary, including                     AGENCY:   Fish and Wildlife Service,                   keeping populations at desired levels.
                                                    whether or not the information will                     Interior.                                                 Under 50 CFR 20.20, migratory bird
                                                    have practical utility;                                 ACTION: Notice; request for comments.                  hunters must register for the Migratory
                                                                                                                                                                   Bird Harvest Information Program (HIP)
                                                      • The accuracy of our estimate of the                 SUMMARY:   We (U.S. Fish and Wildlife                  in each State in which they hunt each
                                                    burden for this collection of                           Service) will ask the Office of                        year. State natural resource agencies
                                                    information;                                            Management and Budget (OMB) to                         must send names and addresses of all
                                                      • Ways to enhance the quality, utility,               approve the information collection (IC)                migratory bird hunters to Branch of
                                                    and clarity of the information to be                    described below. As required by the                    Harvest Surveys, U.S. Fish and Wildlife
                                                    collected; and                                          Paperwork Reduction Act of 1995 and                    Service Division of Migratory Bird
                                                                                                            as part of our continuing efforts to                   Management, on an annual basis.
                                                      • Ways to minimize the burden of the                  reduce paperwork and respondent                           The Migratory Bird Hunter Survey is
                                                    collection of information on                            burden, we invite the general public and               based on the Migratory Bird Harvest
                                                    respondents.                                            other Federal agencies to take this                    Information Program. We randomly
                                                      Comments that you submit in                           opportunity to comment on this IC. This                select migratory bird hunters and ask
                                                    response to this notice are a matter of                 IC is scheduled to expire on June 30,                  them to report their harvest. The
                                                    public record. Before including your                    2017. We may not conduct or sponsor                    resulting estimates of harvest per hunter
                                                    address, phone number, email address,                   and a person is not required to respond                are combined with the complete list of
                                                    or other personal identifying                           to a collection of information unless it               migratory bird hunters to provide
                                                    information in your comment, you                        displays a currently valid OMB control                 estimates of the total harvest for the
                                                    should be aware that your entire                        number.                                                species surveyed.
                                                    comment, including your personal                        DATES: You must submit comments on                        The Parts Collection Survey estimates
                                                    identifying information, may be made                    or before July 19, 2017.                               the species, sex, and age composition of
                                                    publicly available at any time. While                   ADDRESSES: Send your comments and                      the harvest, and the geographic and
                                                                                                            suggestions on this information                        temporal distribution of the harvest.
                                                    you can ask OMB in your comment to
                                                                                                            collection to the Desk Officer for the                 Randomly selected successful hunters
                                                    withhold your personal identifying
                                                                                                            Department of the Interior at OMB–                     who responded to the Migratory Bird
                                                    information from public review, we                                                                             Hunter Survey the previous year are
                                                    cannot guarantee that it will be done.                  OIRA at (202) 395–5806 (fax) or OIRA_
                                                                                                            Submission@omb.eop.gov (email).                        asked to complete and return a postcard
                                                    V. Authorities                                          Please provide a copy of your comments                 if they are willing to participate in the
                                                                                                            to the Service Information Collection                  Parts Collection Survey. We provide
                                                      The authorities for this action are the                                                                      postage-paid envelopes to respondents
                                                                                                            Clearance Officer, U.S. Fish and
                                                    National Wildlife Refuge System                         Wildlife Service, MS: BPHC, 5275                       before the hunting season and ask them
                                                    Administration Act of 1966 (16 U.S.C.                   Leesburg Pike, Falls Church, VA 22041–                 to send in a wing or the tail feathers
                                                    668dd–668ee), as amended by the                         3803 (mail), or Info_Coll@fws.gov                      from each duck or goose that they
                                                    National Wildlife Refuge System                         (email). Please include ‘‘1018–0023’’ in               harvest, or a wing from each mourning
                                                    Improvement Act of 1997; Refuge                         the subject line of your comments. You                 dove, woodcock, band-tailed pigeon,
                                                    Recreation Act of 1962 (16 U.S.C. 460k–                 may review the ICR online at http://                   snipe, rail, or gallinule that they harvest.
                                                    460k–4); Alaska National Interest Lands                 www.reginfo.gov. Follow the                            We use the wings and tail feathers to
                                                    Conservation Act (16 U.S.C. 3101 et                     instructions to review Department of the               identify the species, sex, and age of the
                                                    seq.); and the Paperwork Reduction Act                  Interior collections under review by                   harvested sample. We also ask
                                                    of 1995 (44 U.S.C. 3501 et seq.).                       OMB.                                                   respondents to report on the envelope
                                                                                                                                                                   the date and location of harvest for each
                                                      Dated: June 14, 2017.                                 FOR FURTHER INFORMATION CONTACT:                       bird. We combine the results of this
                                                    Madonna L. Baucum,                                      Service Information Collection                         survey with the harvest estimates
                                                    Information Collection Clearance Officer, U.S.          Clearance Officer, at info_coll@fws.gov                obtained from the Migratory Bird
                                                    Fish and Wildlife Service.                              (email) or (703) 358–2503 (telephone).                 Hunter Survey to provide species-
                                                    [FR Doc. 2017–12728 Filed 6–16–17; 8:45 am]             SUPPLEMENTARY INFORMATION:                             specific national harvest estimates.
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                                                                                                                                                                      The combined results of these surveys
                                                    BILLING CODE 4333–15–P                                  I. Abstract                                            enable us to evaluate the effects of
                                                                                                              The Migratory Bird Treaty Act (16                    season length, season dates, and bag
                                                                                                            U.S.C. 703–711) and the Fish and                       limits on the harvest of each species,
                                                                                                            Wildlife Act of 1956 (16 U.S.C. 742d)                  and thus help us determine appropriate
                                                                                                            designate the Department of the Interior               hunting regulations.
                                                                                                            as the key agency responsible for (1) the                 The Sandhill Crane Harvest Survey is
                                                                                                            wise management of migratory bird                      an annual questionnaire survey of
                                                                                                            populations frequenting the United                     people who obtained a sandhill crane


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Document Created: 2017-06-17 01:47:54
Document Modified: 2017-06-17 01:47:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; request for comments.
DatesTo ensure that we are able to consider your comments on this IC, we must receive them by July 19, 2017.
ContactService Information Collection Clearance Officer, at [email protected] (email) or (703) 358-2503 (telephone).
FR Citation82 FR 27860 

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