1076-0157 justification 2-13-07.rtf

SUPPORTING STATEMENT FOR PAPERWORK REDUCTION ACT SUBMISSIONS

Grazing Regulations, 25 CFR 166

page 7

Supporting Statement for Paperwork Reduction Act Submissions

Grazing Permits, 25 CFR 166

OMB Control Number 1076-0157

Terms of Clearance: None

General Instructions

A Supporting Statement, including the text of the notice to the public required by 5 CFR 1320.5(a)(i)(iv) and its actual or estimated date of publication in the Federal Register, must accompany each request for approval of a collection of information. The Supporting Statement must be prepared in the format described below, and must contain the information specified in Section A below. If an item is not applicable, provide a brief explanation. When Item 17 of the OMB Form 83-I is checked "Yes", Section B of the Supporting Statement must be completed. OMB reserves the right to require the submission of additional information with respect to any request for approval.

Specific Instructions

A. Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

The purpose of this data collection is to up date and renew 25 CFR 166 General Grazing Regulations as required by the Government Paperwork Elimination Act (GPEA). Section 105 of Public Law 103-177, the “American Indian Agricultural Resource Management Act,” as amended, makes this collection necessary (see Attachment B). While general provisions for grazing permits on Indian lands have been utilized since the initial promulgation of 25 CFR 166, the request for approval of information collection requirements was not effective until December 31, 2006.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

25 CFR 166 regulates the Grazing Permit program on Indian Trust Lands. The rule is Attachment C. The parties submitting information under the regulation are tribes, tribal organizations authorized by Indian tribal governments, individual Indians, and non-Indians seeking grazing permits with tribes and individual Indians. The information provided through this information collection is used by the Department of the Interior, the Bureau of Indian Affairs in preparing grazing permit documents. Individuals seeking grazing permits are providing information such as: name, address, phone number, number of livestock owned, type of livestock, class of livestock, season of use, brand identification, brand ownership, brand location, grazing fee bid information, disease vaccination information, range improvement location and value, and information relating to permit violations or livestock trespass. Subparts of the rule that contain information collection requirements are summarized below.

Subpart B contains provisions regarding grazing permit requirements. These items include what information must be included in a permit; the requirement for recording permits; the use of a permit as collateral for a loan; how permits are acquired – through negotiations or advertisement; how permits may be amended, modified, assigned, transferred or sub-permitted. The provisions of this subpart deal largely with format and are, for the main part, a reflection on the responsibility of the BIA to ensure that grazing permits are equitable to the Indian landowner. The information collected within this subpart is collected at the time a grazing permit is proposed and, depending upon the circumstances, after the permit has been granted (use of permit as collateral and later amendments to the permit).

Subpart C contains provisions regarding the operation and management of the lands under a grazing permit. Grazing capacities are determined; livestock is identified as appropriate or not for a particular range unit; responsibility for the protection of grazing livestock is discussed; improvements to the land are detailed along with required permit provisions regarding the removal of such improvements; and the necessity of agricultural and conservation resource plans are detailed. Information collected within this subpart is largely the responsibility of the tribal or individual Indian landowner. The information is collected prior to the granting/approval of a grazing permit.

Subpart D contains provisions concerning the jurisdiction of tribal laws to grazing permits. Information collected in determining the application and enforcement of tribal laws is done prior to the granting/approval of a grazing permit.

Subpart E contains provisions regarding grazing rental rates — their determination and adjustment, if any. Sections discuss the establishment of an equitable rental rate; when to pay rentals; to whom rental payments are made. The information necessary to establish equitable rental rates and properly administer prompt payment is required prior to the granting/approval of a grazing permit.

Subpart G contains provisions regarding bonding and insurance requirements. These sections describe bond forms; necessary insurance/surety coverage; and forms that are acceptable for bonds and insurance/surety. The information collected to make these determinations is required prior to the granting/approval of a grazing permit.

Subpart H contains administrative provisions regarding violations of lease provisions. These items refer to time lines and format for filing a dispute of a permit violation; and the settlement of disputes through provisions of the lease.

Subpart I contains provisions regarding trespass. This is a statutory requirement of Public Law 103-177, the “American Indian Agricultural Resource Management Act,” as amended, and contains elements of notice, actions to be taken against a trespasser and the penalties, damages and costs to be assessed against a trespasser. Information collection requirements refer to information the alleged trespasser would provide to the BIA to rebut the allegations of trespass and, in cases of impoundment, to satisfy ownership requirements to redeem impounded livestock. This information would be collected at the time filing an appeal or asserting an objection to a charge of trespass and whenever livestock is redeemed.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden [and specifically how this collection meets GPEA requirements.].

During December, 2001, Indian Affairs (IA) was forced to disconnect from the internet by a court order issued by the judge in the Cobell litigation. Hence, IA cannot implement GPEA until reconnection to the internet is completed.

Tribes, tribal organizations and individual Indians submit required information in standard written formats to meet the needs of the permit and its special considerations. Other than being disconnected from the internet, there are no barriers for the use of electronic technology to collect the information and reduce the burden of this collection.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

This information is not duplicated in any other data collection. This information is unique to the administration of grazing permits on tribal and individual Indian lands. In keeping with the Paperwork Reduction Act and other statutory requirements, the information collected is the minimum needed for the intended purpose.

5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I), describe any methods used to minimize burden.

Tribes and tribal organizations are considered small governmental jurisdictions under the Small Business Regulatory Enforcement Fairness Act (SBREFA). The BIA consulted with the tribes and through various tribal member non-governmental organizations to determine what information collection was necessary to ensure the fair and equitable administration of grazing permits on Indian lands. Through this consultation the information collection burden has been minimized.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

The information collection burden cannot be reduced any further without jeopardizing the integrity of the grazing permit program. Information is collected, as needed, when tribe, tribal entities or individual Indians want to allow grazing on their lands. If the collection is not conducted, or is conducted less frequently, the BIA will not be able to properly administer and monitor grazing permits on Indian lands.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

* requiring respondents to report information to the agency more often than quarterly;

In the case of permit violation or livestock trespass action, information to the agency may be required at any time.

* requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

In the case of permit violation or livestock trespass action, information to the agency may be required within 10 days.

* requiring respondents to submit more than an original and two copies of any document;

None

* requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;

None

* in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;

None

* requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

None

* that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

None

• requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

None

There are circumstances that require exceptions to 5 CFR 1320.5(d)(2). 25 CFR 166.704 requires a permit holder to respond within 10 days of a written notice of violation of the terms of a permit. This is an exception to the 30 day rule because time is of the essence in correcting many violations of permit terms. A 30 day period to respond to a permit violation could endanger the integrity of the permit and possibly do irreparable damage to the corpus of the trust resource. In a similar instance, a trespass violation requires the alleged trespasser to contact the BIA within the time-frames established in the notification of trespass to explain why a trespass violation notice is in error or to take appropriate corrective action. The notice document itself could specify a time period of less than 30 days, depending upon the nature of the trespass. Again, the circumstances of a trespass may be of such a serious nature that the 30 day response time would not be appropriate and, furthermore, could harm the corpus of the trust resource.

The regulations do not require that respondents provide more than one copy of any report. Statistics are not used and there is no confidential information or proprietary trade secrets involved with grazing permits on tribal or individual Indian lands.

8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice [and in response to the PRA statement associated with the collection over the past three years] and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

A 60 day Federal Register notice was published October 30, 2006 (FR 63346) requesting comments. No comments were received and no one from the public contacted the agency to discuss or consult concerning the Federal Register notice. However, farmers and ranchers that are affected by this information collection periodically visit the local BIA or tribal office to discuss their permit and other actions that affect their permit. BIA and tribal staff also make periodic site visits to the land covered by the permit for compliance inspection and monitoring, at which time the public is contacted concerning the information collection.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

Mr. George Abe will be able to report on the reaction of several respondents or give you the name of a respondent. Mr. James McCuen has stated that it is no big deal to fill out the form so he has no problems with filling it out as needed.

George Abe James McCuen

Trust Reform Specialist Rancher

Office of Special Trustee Kartar Valley R.R.

505 Marquette N.W. Okanogan, WA 98840

Albuquerque, NM 87102 509-322-0634

505-816-1331

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

The respondents will not receive payment or gifts.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

The following statement is on each form used in this information collection: “Comments, names and addresses of commentors are available for public review during regular business hours. If you wish us to withhold this information, you must state this prominently at the beginning of your comment. We will honor your request to the extent allowable by law.”

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

There is a potential that some information collected will be of a sensitive nature. In section 166.106 the permit holder may use a permit as collateral for a loan. The loan must be approved by the BIA to further encumber the property. It is conceivable that the information in the loan documentation would be of a sensitive nature, e.g., annual salary, the amount of debt being carried, any outside income (alimony, child support), and outstanding judgments against the permit holder. This information is necessary, however, if the BIA is going to properly administer the grazing permit program on tribal and individual Indian lands. Without this information the integrity of the program would be compromised.

12. Provide estimates of the hour burden of the collection of information. The statement should:

* Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

* If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.

* Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 13.

The burden hours of the collection are summarized in Attachment A. Burden hours were not determined by a formal survey, but through estimation by individuals in the BIA who have worked in the field with those providing data collection information. Since most of the respondents are private ranchers who don’t have an hourly wage job, the wage estimation for respondents was based on the average amount a rancher would pay someone to work for them on their ranch such as a bookkeeper or ranch hand.

13. Provide an estimate of the total annual [non-hour] cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14).

* The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information [including filing fees paid]. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

* If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

* Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

All respondents keep records and have a record keeping system in operation at the time of this information collection. There should be no additional cost for capital and start-up or maintenance and purchased services. Most of the information collected will be taken from the respondents records which they maintain as part of their business. Respondents will receive copies of the permit and letters of correspondence, which they may file. An administrative fee of up to 3% of the annual grazing rent is charged on each grazing permit to reimburse the BIA for administration of the grazing permit program. In recent years the administrative fee has generated approximately $175,000 per year.

14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.

The burden hours of the collection are summarized in table form in Attachment A. The estimation of the federal wage was not determined by a formal survey, but was estimated by BIA personnel who have worked in the field and supervised those individuals who performed the administrative burden of the permit process. The wage calculated is an average of the BIA positions that normally perform the administrative work including: range clerk, range technician, and range management specialist.

15. Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of the OMB Form 83-I.

The hourly burden has gone from 861 to 856 as a result of fewer permittees obtaining range permits.

16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

There is no intention to publish this information collection.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

We intend to display the expiration date with the OMB Control Number.

18. Explain each exception to the certification statement identified in Item 19, "Certification for Paperwork Reduction Act Submissions," of OMB Form 83-I.

We are not seeking any exceptions.