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)

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, 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.

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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